A three-judge bench headed by Chief Justice of India DY Chandrachud also clarified that the mere pendency of the case before them doesn’t mean that the Places of worship Act has been stayed.
The Supreme Court on Tuesday gave an extension for the eighth time to the Centre to file its counter affidavit on a batch of petitions challenging the Places of Worship Act 1991.
A three-judge bench headed by Chief Justice of India DY Chandrachud also clarified that the mere pendency of the case before them doesn’t mean that the Act has been stayed.
During the brief hearing, Solicitor General Tushar Mehta told the bench that the government was considering the matter and sought some more time to file its response.
The bench readily agreed to the request and granted time to the Centre till October 31 to file the counter-affidavit.
Opposing the granting of an extension to the Centre, former Rajya Sabha MP Subramanian Swamy, one of the petitioners in the case, complained that the Centre was only delaying the proceedings.
To this, the CJI said, “Mr Swamy, that is why we are giving time till October 31, let’s see what they respond.”
Meanwhile, Advocate Vrinda Grover informed the bench that the Jamiat Ulema–i-Hind has filed a writ petition seeking proper enforcement of the Places of Worship Act and said various similar matters are being litigated across the country.
Grover asked the bench to clarify that there is no stay on the Act.
To which, CJI Chandrachud said that there is no stay on the Act.
“There is no stay on the Act. All that you must do is to point out to the court concerned that there is no stay on the Act. Mere pendency of petition doesn’t mean there is a stay,” CJI added.
The top court has been seized of several petitions challenging the provisions of the Places of Worship Act.
The Places of Worship Act of 1991 was brought at a time when the Ayodhya movement, led by the Vishwa Hindu Parishad (VHP) and backed by the Rashtriya Swayamsevak Sangh (RSS) and the BJP, was gaining momentum.
The Act states that the nature of all places of worship, except the Ram Janmabhoomi–Babri Masjid in Ayodhya, shall be maintained as it was on August 15, 1947, and that no suit shall lie in any court with respect to the conversion of the religious character of a place of worship, as existing on that date.