Saturday, April 17, 2021
Home News Reports Supreme Court issues notice after petition challenges validity of 1991 Act that prevents reclamation...

Supreme Court issues notice after petition challenges validity of 1991 Act that prevents reclamation of Kashi-Mathura temples

In his petition, Upadhyay has argued that the Places of Worship Act (Special Provisions Act) prevents the reclamation of places of worship sacred to Hindus, Buddhists, Jain and Sikhs. He also pointed out that the law legitimises the illegal acts of invaders.

On Friday, the Supreme Court of India issued notice to the Centre, after a petitioner challenged the Places of Worship Act, 1991.

As per reports, the notice was issued by a Bench headed by Chief Justice of India SA Bobde and Justice AS Bopanna in response to a petition filed by BJP leader Ashwini Kumar Upadhyay. The petitioner was represented in Court by Senior advocates Vikas Singh and Gopal Sankaranarayanan.

In his petition, Upadhyay has argued that the Places of Worship Act (Special Provisions Act) prevents the reclamation of places of worship sacred to Hindus, Buddhists, Jain and Sikhs. He also pointed out that the law legitimises the illegal acts of invaders.

The petition said, “Centre has barred the remedies against illegal encroachment on the places of worship and pilgrimages and now Hindus, Jains, Buddhists, Sikhs cannot file Suit or approach High Court under Article 226. Therefore, they won’t be able to restore their places of worship and pilgrimage including temples-endowments in spirit of Articles 25-26 and illegal barbarian act of invaders will continue in perpetuity.”

It must be mentioned that the Places of Worship (Special Provisions) Act, 1991 mandates that the religious character of all places of worship must remain as it was on August 15, 1947. The law further states that no suit or legal proceeding must remain in Court challenging the character of any such place of worship. The only exception to the law was the Ayodhya Ram Mandir.

The construction for the majestic Ram temple has begun in Ayodhya, following the historic Ram Janmabhoomi verdict in 2019. Several Hindu organisations have been demanding the repeal of the Places of Worship (Special Provisions) Act, 1991 that prevents the legal reclamation of two Hindu temples of historic importance, namely, Kashi and Mathura.

In his petition, the BJP leader has emphasised that the Act gave way to an arbitrary irrational cut off date by “declaring that character of places of worship-pilgrimage shall be maintained as it was on August 15, 1947, and no suit or proceeding shall lie in Court in respect of disputes against encroachment done by fundamentalist barbaric invaders and lawbreakers and such proceeding shall stand abated.

Suit seeking restoration of worship at the ancient Hindu temple

Last month, a suit was filed before the court of civil Senior Divisional Judge, Varanasi seeking restoration of the permanence of worship rituals at the principal seat of an ancient temple which is now part of the Gyanvapi mosque complex near the Kashi Vishwanath temple. The suit was filed by Rajana Agnihotri and 9 other devotees who are also worshippers of Lord Shiva practising the Vedic Sanatan Hindu Dharma.

The suit was registered as a miscellaneous case that will come up before the concerned court for the hearing, as informed by petitioners’ counsel HS Jain. Counsel for the Committee of Management Anjuman Intazamia Masajid, who was reportedly present in the court from the respondents’ side, sought time for filing a counter-affidavit. 

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staff
Staff reporter at OpIndia

Related Articles

Trending now

Panic amid pandemic: Did we get complacent as we thought we got lucky

As India struggles in second wave of coronavirus pandemic, a lowdown of how we all got complacent to the Chinese virus

Christian pastor dupes Jalandhar family of Rs 80,000, converts them to Christianity on the pretext of healing cancer

Jalandhar Pastor Balwinder Singh duped a family of Rs 80,000 promising to cure a cancer patient, and converted them to Christianity

Watch: Muslim mob gathers at Dargah Bazar Ajmer after Friday prayers, demand arrest of Yati Narsinghanand, law against insult to Islam

Yati Narsinghanand Saraswati has been in the line of fire ever since he made some remarks on Prophet Muhammad

‘Terrorists would have fired into your heart’: Cop in Kashmir arrested under UAPA for glorifying terrorism, resisting search and turning violent

Jammu and Kashmir police arrested a Special Police Officer (SPO) under the stringent anti-terror law in Frisal village in Kulgam of South Kashmir.

We respect PM Modi’s call: PM Modi urges for snan at Kumbh to be kept symbolic due to COVID-19, Swami Avdheshanand responds

PM Modi spoke to Juna Akhara Mahamandleshwar, Swami Avdheshanand and requested for 'Shahi Snan' at Kumbh Mela to be kept symbolic.

TMC’s Derek O’Brien opposes EC’s Covid campaign restrictions, says new rules very suitable to ‘Lutyens bungalow’ residents

TMC leader Derek O'Brien criticized the Election Commission's new Covid restrictions in a press conference today.

Recently Popular

Karan Johar’s Dharma Production fires Kartik Aryan, not to work with him again: Here is what happened

Dharma Productions said it was pushed to the wall by “unprofessional behaviour” of Kartik Aryan during shooting of Dostana 2

Aaj Tak to air public apology on 23rd April for sharing fake news on Sushant Singh Rajput, pay Rs 1 lac fine: Details

Aaj Tak has been asked by the NBSA (News Broadcasting Standard Authority) to air a public apology for fake news on Sushant Singh Rajput

Andhra Pradesh man hacks family of six including two children to avenge the rape of his daughter: Details

Andhra Pradesh police confirmed that the incident was a fall out of a old feud between the accused and the victim family

Derek O’Brien’s Clubhouse interaction exposes how TMC fears the prospect of loss in West Bengal: Three statements made and what they mean

Perhaps to fire-fight what Prashant Kishor said, Derek O'Brien appeared on Clubhouse for a short interaction with select 'liberals'.

Rally of dead bodies, threats against CRPF, lying and scaring with ‘detention camps’ so people don’t vote: What viral audio of Mamata Banerjee means

Mamata Banerjee was heard telling TMC worker Partha Pratim Roy to organise a political rally with the dead bodies to stir public sympathy

Justice Chandrachud apologises to a lawyer, asks him to go rest since he was fasting for Ramzan

Justice Chandrachud of the Supreme Court apologised to a Muslim lawyer for not knowing that he had been fasting during the month of Ramzan.
- Advertisement -


Connect with us