The top court has listed for hearing six petitions, including the one filed by former Rajya Sabha MP Subramanian Swamy, against the provisions of the law. (File photo) With the Centre yet to file its response on a clutch of petitions challenging the Places of Worship Act, 1991, the Supreme Court on Wednesday posted the matter for hearing before a three-judge Bench in July.
“The Union of India has not filed its reply. The petition shall be listed before a three-judge Bench in July 2023. In the event the Union of India seeks to file a counter affidavit, it shall do so,” a Bench of the Chief Justice of India D Y Chandrachud and Justice J B Pardiwala said in its order.
The top court, which last heard the matter on January 9, 2023, had given the Centre till February 2 to file its reply after Solicitor General Tushar Mehta told the Bench the government “may” file a reply before the hearing. “Kindly fix it for hearing. We are consulting. The process is going. We may file it before that”, Mehta had said.
Wednesday, some of the parties pointed out that the Centre had not yet submitted its reply despite seeking extension of time and requested the Bench to schedule it for regular hearing.
The Places of Worship Act, 1991 declares that the character of a place of worship as on August 15, 1947 shall be maintained and that no suit or proceeding shall lie in any court in respect of any dispute against encroachment of any religious properties at any point of time before this date.
It also says that any such pending proceeding shall stand abated and that any proceeding filed on the grounds that conversion of religious place has taken place after August 15, 1947 and before September 18, 1991 (when the Act came into existence) shall be disposed of to maintain the status as existed on August 15, 1947.