Lucknow, Dec 12: Muslim personal law boards on Thursday welcomed the Supreme Court’s directive restraining courts from entertaining fresh lawsuits and passing any effective interim or final orders in pending ones seeking to reclaim religious places, especially mosques and dargahs.
The direction of a bench comprising Chief Justice Sanjiv Khanna and justices Sanjay Kumar and K V Viswanathan stalls proceedings in about 18 lawsuits filed by various Hindu parties seeking survey to ascertain original religious character of 10 mosques including Gyanvapi at Varanasi, Shahi Idgah Masjid at Mathura and Shahi Jama Masjid at Sambhal where four persons were killed in clashes.
“We welcome the Supreme Court’s directives in the Places of Worship Act case. These directions have brought much-needed relief to the public, particularly in light of previous survey orders involving mosques and shrines,” senior All India Muslim Personal Law Board (AIMPLB) member and Lucknow’s city qazi Maulana Khalid Rashid Farangi Mahli told PTI.
“People were deeply uneasy by these orders, but now everyone can breathe a sigh of relief. We hope the Supreme Court will further strengthen the Act in its final decision, as this law is essential for preserving the communal harmony and cultural heritage of our nation,” he added.
All India Shia Personal Law Board (AISPLB) general secretary Maulana Yasoob Abbas also hailed the Supreme Court’s decision, calling it “exemplary”.
Talking to PTI, he said, “This decision will improve the country’s atmosphere. Instances of people searching for Shivalings under mosques or shrines in lower courts were disrupting communal harmony. The Supreme Court’s directive is a significant step towards maintaining peace.”
Highlighting the importance of religious places, Abbas remarked, “Be it a temple, mosque, gurdwara, church, or Imambara, these places are meant for people to find solace. If they become sites of conflict, where will people go? I wholeheartedly welcome the judiciary’s decision, which will help maintain peace in the country.”
Restraining till further directions courts from entertaining fresh lawsuits and passing any effective interim or final orders in pending ones seeking to reclaim religious places, the CJI-led bench said, “As the matter is sub-judice in this court, we deem it appropriate that no fresh suit would be registered and proceedings are undertaken till further orders of this court.”
The special bench was hearing about six petitions, including the lead one filed by lawyer Ashwini Upadhyay, challenging various provisions of the Places of Worship (Special Provisions) Act, 1991.
The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.
The bench made it clear that it would be examining the “vires (legality), contours and ambit” of the 1991 law and it was imperative to ask other courts to “stay off their hands” till it passed any further orders.
“In pending suits, the courts will not pass any effective interim or final order, including order of survey, till further orders,” the bench said.
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