New Delhi: The Supreme Court on Thursday (January 2) tagged a plea challenging the Madhya Pradesh High Court order directing the Archaeological Survey of India (ASI) to conduct a survey at Bhojshala temple-cum-Kamal Maula mosque complex along with the pleas challenging the Places of Worship Act, 1991.
A bench comprising Justice Hrishikesh Roy and Justice SVN Bhatti directed the registry to seek instructions from Chief Justice of India (CJI) Sanjiv Khanna and tagged the matter with the pending petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991 and cross petitions seeking to strict implementation of the Act to maintain communal harmony.
The bench, which was hearing an appeal filed by the Maulana Kamaluddin Welfare Society against the High Court order, left all contentions of the parties to be kept open during the hearing of the petitions.
CJI-led bench has already passed an order, bench noted
The bench said that the CJI-led bench has already passed an order restraining all courts in the country from passing any final or interim order on disputes related to religious character of existing structures, nothing further needs to be done.
“Since the order was passed by CJI led bench nothing further needs to be done,” the bench said and ordered, “Tag this with the pending petitions (on places of worship act).”
Apex Court in April last year refused to stay survey
The top court earlier in April last year refused to stay the survey at Bhojshala temple-cum-Kamal Maula mosque complex by the ASI, however, it had directed not to carry out physical excavation that will change character of the structure. During the hearing into the matter on Thursday, the bench observed that some excavation has been done.
What did the CJI-led bench order on December 12?
“As the matter is subjudice before this court we deem it fit to direct that no fresh suits shall be registered or proceedings be ordered. In the pending suits courts would not pass any effective order or final orders. When a matter is pending before us is it just and fair for any other court to examine it. We are on vires as well as ambit of the act,” the apex court said on December 12 while hearing a bunch of petitions and cross-petitions on Places of Worship Act. It had further said, “Our direction includes that no other court shall pass any specific directions of surveys, no effective interim order shall be passed till the court concludes this case.”
