'People's Mandate': Congress files plea in High Court in places of worship case

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The Congress on Thursday filed an intervention petition in the Supreme Court, which last month began hearing petitions challenging certain provisions of the Places of Worship Act passed in 1991.


The party has sought strict implementation of the law, and has joined other opposition parties, including Asaduddin Owaisi's All India Majlis-e-Ittehadul Muslimeen, in moving the top court in this matter. Earlier this month the court agreed to hear Mr Owaisi's plea, ordering be heard with others on February 17.


The Congress' petition was filed by senior leader KC Venugopal.


It said the law - passed by the opposition party when it was in power at the head of the United Progressive Alliance government. Then Home Minister, SB Chavan, red-flagged "an alarming rise of intolerance propagated by certain sections for their narrow (and) vested interests" as he tabled the bill.


Fast-forward 33 years, and the Congress has now joined a list of opposition parties, including Tamil Nadu's ruling Dravida Munnetra Kazhagam, seeking enforcement of a key provision, i.e., prohibiting lawsuits to reclaim a place of worship or to change its character from what it was on August 15, 1947.


In its petition, the Congress said the law is necessary to protect the secular nature of Indian society and warned that changes could endanger that fabric and communal harmony. The Congress also argued the law was passed because it was the "mandate of the Indian people" and that today's challenges are "motivated and malicious attempt to weaken the established principles of secularism".


In the previous hearing, on December 12, the top court paused all ongoing surveys of places of worship, including mosques, ordered by lower courts.

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This includes surveys of the Gyanvapi mosque in Varanasi, the Shahi Idgah Masjid in Mathura, and a masjid in Sambhal in Uttar Pradesh. Each of these mosques faces claims by Hindu petitioners that the existing structure was built over what was once a Hindu temple.


The court ordered all surveys to be stopped till the government responded, stating it could not rule till that reply is submitted. In doing so, the special bench led by Chief Justice Sanjiv Khanna stalled proceedings in 18 lawsuits filed by various Hindu groups seeking survey to ascertain the 'original' religious character of 10 mosques including those in Varanasi, Mathura, and Sambhal.

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"Want Peace, Harmony": Court Halts Action Against Sambhal Mosque


The special bench is hearing six petitions, including the lead filed by lawyer Ashwini Upadhyay which seeks to set aside three sections of the Places of Worship Act, including that which prohibits converting a place of worship to that of a different faith.


In November last year, Solicitor General Tushar Mehta, appearing for the government, said a comprehensive affidavit would be filed to deal with various facets of the case. More time was sought to ensure the document is drafted after being studied by various government levels.


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