The Supreme Court bench, comprising Chief Justice U.U. Lalit, Justice Ravindra Bhat and Justice Ajay Rastogi observed and has listed a batch of plea challenging the Constitutional validity of provisions of the Places of Worship (Special Provisions) Act 1991 on 14th November 2022. It has also been directed by the Court to the Union of India to file its response by 31st October 2022. Thus, the petition have been filed against the Act inasmuch as it bars remedies against illegal encroachment on the places of worship and pilgrimages prior to August 15, 1947.
In the last hearing, it had been directed by the Court that the Union of India to file a response in two weeks. Advocate Vrinda Grover, appearing for Jamiat Ulema-i-Hind supporting the Act, submitted before the bench that no such response had yet been filed. Tushar Mehta, the Solicitor General of India, appearing for the centre, submitted that the reply was still under consideration and another two weeks were required for the same. It has been stated by the CJI stated that when the validity of a legislation was challenged, the stand of the Central Government was relevant.
The Counsel, Senior Advocate Rakesh Dwivedi, appearing for the petitioner, submitted submitted that the law was passed without debates. It had been stated by him that certain additional questions have been framed, which were not considered by the Supreme Court in the Ayodhya judgment which upheld the Places of Worship Act. Further, Dr. Subramanian Swamy, appearing as part-in-person, submitted before the court that the Centre should be asked to respond.
Adding to it, the CJI asked the Solicitor General what was his personal view regarding the impact of the Ayodhya judgment on the challenge.
CJI asked that “Mr. SG, what is your personal view? Was the legislation covered in Ayodhya judgement?”
Replying to which the SG stated “it may not be covered by that”.
At the Outset, the bench adjourned the matter asking the Union of India to file a response by 31st October 2022.
The bench of CJI UU Lalit reads the order:
The counsel, Mr. Rakesh Dwivedi, appearing for the petitioner submitted and has formulated questions which in his view would arise and would be required to be considered by this court. Earlier, it had been prayed by the SG for some time to place his submissions on record by way of affidavit in response. Further, he prayed time of two weeks to do the needful and an affidavit be filled in his behalf before 31st oct 2022. It has been submitted by Ms. Vrinda Grover that after the response filed by the SG she would also respond and may suggest any additional questions which may arise in the matter. Ms. Grover and any other counsel who is wishing to place additional questions may inform Mr. Kanu Agarawal within 7 days. It had been requested by Mr. Agarwal for collating the questions so that the attention of the court can be focused on these questions. The copies of compilation in digitised mode with all counsels is need to eb shared by him. However, all counsels are requested to submit their submissions in writing. The submission of Counsel needs to be made in 3 pages suggesting time required for arguments. Listing the matter on 14th November 2022. Mr Suresh and Mr Sinha have suggested additional questions which may also be forwarded to Mr. Agarwal. Issuance of the formal notice in all matters.
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