The Supreme Court on Monday granted the Centre time till December 12 to file its response to a bunch of petitions challenging the validity of the Places of Worship Act, adjourning the case until the first week of January.
The petitions are challenging the validity of certain provisions of the 1991 law which maintains the “religious character” of all places of worship as they were on August 15, 1947, and prohibits filing a lawsuit to reclaim a place or seek a change in its character, with the exception of the Ram Janmabhoomi-Babri Masjid dispute.
A bench comprising CJI D Y Chandrachud and Justice J B Pardiwala took note of the submissions by Solicitor General Tushar Mehta appearing for the Centre, that the reply could not be filed and the matter can be taken up later.
“I need to consult with the Government for filing a detailed counter. If some time can be given,” the law officer said.
The bench adjourned the hearing on the petitions after taking note of the submissions that due deliberations with government authorities were needed and asked the Centre to file a “comprehensive” one on or before December 12.
The court asked the Centre to share its response with the parties concerned and said it would now hear the pleas in the first week of January 2023.
Rajya Sabha MP and BJP leader Subramanian Swamy meanwhile said that he has not sought setting aside of the Act in his petition. He said that like the Ayodhya Ram temple dispute, the matters pertaining to alleged disputed sites at Kashi and Mathura should be kept out of the purview of the Act.
“I am not asking for the quashing of the Act. But two temples be added and the Act can stand as it is,” he said.
The bench said it will consider Swamy’s plea on the next date of hearing.
The bench had earlier granted time till October 31 to the Centre to file its reply to the petitions.
The top court was hearing the pleas, including the one filed by advocate Ashwini Upadhyay who has said sections 2, 3, 4 of the Places of Worship (Special Provisions) Act, 1991 be set aside on grounds including that these provisions take away the right of judicial remedy to reclaim a place of worship of any person or a religious group.
(With PTI inputs)
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