New Delhi: The Indian National Congress (INC) has moved the Supreme Court seeking to oppose pleas challenging the constitutional validity of provisions of the Places of Worship Act, 1991, saying any alterations to the 1991 law could jeopardize communal harmony and secular fabric of India and threaten the sovereignty and integrity of the nation.
The INC has filed an Intervention Application (IA) in the pending pleas filed opposing the provisions of the 1991 Act.
Apex Court is seized of several pleas on 1991 law
The top court is seized of of several petitions challenging constitutional validity of the Places of Worship Act, including Public Interest Litigations (PILs) filed by lawyer Ashwini Upadhyay and former Rajya Sabha MP Subramanian Swamy.
Several petitions for impleadment into the matter were earlier also filed challenging the petition filed against the 1991 law, including pleas filed by Jamiat Ulama-I-Hind, All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) chief Asaduddin Owaisi, Gyanvapi Mosque Management Committee, Varanasi, CPI (M) through politburo member Prakash Karat and others.
What has the INC said in its plea before the top court?
“The Applicant (INC) seeks to intervene in this matter to emphasize the constitutional and societal significance of the POWA, as it apprehends that any alterations to it could jeopardize India’s communal harmony and secular fabric thereby threatening the sovereignty and integrity of the nation,” the INC has said in its application before the top court.
“Since the applicant (INC), through its elected members were responsible for the introduction and passage of the POWA, the applicant may be allowed to intervene and defend the legal validity of the passage of the POWA,” INC added in its plea.
The Congress party has further said that “A bare perusal of the POWA shows that it promotes equality amongst all religious groups and does not accord special treatment towards specific communities as alleged by the Petitioner. It is equally applicable towards places of worship of all religious groups and ascertains and affixes their nature as on 15.08.1947.”
What did apex court order on December 12?
An apex court bench headed by Chief Justice of India (CJI) Sanjiv Khanna, while hearing the pleas and cross-pleas on December 12, restrained all courts in the country from passing interim or final orders on pending pleas seeking to reclaim religious places.
“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 batch of pleas and cross-pleas. 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.”
