Supreme Court issues Notice to Centre on Subramanian Swamy’s petition challenging provisions of Places of Worship Act

Supreme Court directs Central Government to respond to Swamy's petition to modify the Places of Worship Act

Supreme Court directs Central Government to respond to Swamy's petition to modify the Places of Worship Act
Supreme Court directs Central Government to respond to Swamy's petition to modify the Places of Worship Act

A Bench of CJI SA Bobde and Justice AS Bopanna issued a notice to Centre

The Supreme Court directs Central Government to respond to Swamy’s petition to modify the Places of Worship Act on Friday issued notice to Central Government on a Public Interest Litigation (PIL) filed by BJP leader Subramanian Swamy challenging the Constitutional validity of the Places of Worship (Special Provisions) Act 1991. A Bench comprising of CJI S A Bobde and Justice A S Bopanna issued notice and tagged the matter with Ashwini Upadhyay‘s plea seeking similar relief.

During the Ayodhya agitation, Central Government in 1991 passed the Places of Worship Act seeking the status quo of 1947 to all worshipping places excluding Ayodhya. Though Sangh Parivar raised the issue of restoration of Kashi Viswanath and Mathura Sri Krishna Temples which were destroyed by Mughal rulers, the Place of Worship Act was seen as a barrier for this demand.

Previous week Swamy tweeted his displeasure on the Registry listed the petition by Ashwani Upadhyay first and ignored his petition which was filed months ago.

Subramanian Swamy in his plea said that the Places of Worship Act is a barrier, depriving his right to pray at a place where due to foreign oppression and invasion a Hindu temple of a certain significance according to faith and belief of Hindus was/ is converted, inviting this Court to interpret in lieu of the well-documented history and review in checking the constitutional validity of such Act.

“The Act bars the Right(s) of the Petitioner(s), devout Hindus apart from filing a suit or any other proceedings before any Court; to pray to the one of the twelve Jyotirlingas, standing on the western bank of the Holy River Ganga, which is one of the most divine and holiest Hindu Temple dedicated to Lord Shiva known as Kashi Vishwanath Temple and any/ all such temples were due to foreign aggression conversion transpired. That the Act of 1991 further restricts and denies access to a place of religious worship further resulting in violation of the Petitioner(s) Fundamental right and faith which is inherent in the Preamble and basic structure the Constitution of India,” said Swamy in his petition with co-petitioner Satya Sabharwal.

During his argument, Swamy pointed out that the Registry of Supreme Court delayed in considering his petition which was the first petition. Previous week Swamy tweeted his displeasure on the Registry listed the petition by Ashwani Upadhyay first and ignored his petition which was filed months ago.

Swamy in his petition said that a direction to read down Section 3 and 4 of the Place of Worship Act, 1991 and declare them to be unconstitutional, void ab-initio and ultra vires to Articles 13, 25, 26 and 32 of the Constitution of India[1]

It will be interesting to know what would be the reply of the Central Government led by BJP on the petitions filed by BJP leaders, Subramanian Swamy and Ashwani Upadhyay, challenging the Places of Worship Act. In November 2019, Swamy wrote to Prime Minister Narendra Modi for amendments in the Places of Worship Act for the restoration of Kashi Viswanath and Mathura Sri Krishna Temples[2].

References:

[1] Supreme Court Issues Notice On Subramanian Swamy’s Plea Challenging Provisions Of Places of Worship ActMar 26, 2021, Live Law

[2] Subramanian Swamy urges for Amendments in the Places of Worship Act of 1991. Says the Act is against Fundamental Right of Freedom of WorshipDec 01, 2019, PGurus.com

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5 COMMENTS

  1. Both Emperor and the Minion are together in this big game my dear Narasimha, under democracy, if Emperor acts at his will subjects blame him for anarchy so his courtship initiate a movement through the best of the minions to open a debate in his court to design an unchallenged policy in the best interest of the kingdom and its subjects. Had the Emperor acted at his will, he will be called the Feudalist of Democracy

  2. 1. We need to deal with this issue now or it will come back to haunt our future generations.

    2. How genuinely is Karl rock representing India?
    Do we compare his reporting of India to other countries? Do we know as much about him and his agenda as he knows about India and their borders crossings?

    We better start regulating these foreigners. No other country allow people to do this.

  3. If the Mountain won’t go to Mohammed, then Mohammed must come to the Mountain”.

    We need educated / intellects men and women as our administrators certainly not servile Dr.MMS and womenisers like Shashi Tharoors / Kamal Hasans varieties to name a few.

    PM Modi and Shah do not know how to use the existing laws! Look at the way these duo seems to have instructed Uttarkhand former CM to take over all temples and in WB elections these duo said they will free temples in WB state!

    BJP says it has inherited rotten system and if one looks at its own Govt’s ministry making 80% are dummies and dumbos just wasting nearly 7 years ! ACT OF GOD!!??

    Lets hope Dr.SS will soon come up with another petition on “deletion of secularism” added in 1975-1977 by late PM Indira Nehru Gandhi …..

  4. Since the Emperor does not respond to this minion, the minion has made the Emperor’s court respond.

    In future, the entire populace will follow suit. All letters to the administration / bureaucracy will be referred instead to the Emperor’s court directly.
    I guess one can rewrite the Government’s Modi’s Operandi

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