The Supreme Court docket sought the Centre’s response on Friday to a plea filed earlier than it difficult the validity of sure provisions of a 1991 legislation, which prohibit the submitting of a lawsuit to reclaim a spot of worship or search a change in its character from what prevailed on August 15, 1947.
The petition alleges that the 1991-law creates an “arbitrary and irrational retrospective closing date” of August 15, 1947 for sustaining the character of the locations of worship or pilgrimage in opposition to encroachment completed by “fundamentalist-barbaric invaders and law-breakers”.
A bench of Chief Justice SA Bobde and Justice AS Bopanna issued discover to the Centre on the plea filed by BJP chief and advocate Ashwini Upadhyay, looking for that sections 2, 3, 4 of the Locations of Worship (Particular Provisions) Act, 1991 be put aside on grounds together with that these provisions take away the suitable of a judicial treatment to reclaim a spot of worship of any individual or a non secular group.
Senior advocate Gopal Subramaniyan appeared within the court docket for the petitioner.
The legislation has made just one exception — on the dispute pertaining to the Ram Janmabhoomi-Babri masjid at Ayodhya in Uttar Pradesh.
The recent plea assumes significance as there was an ongoing demand by some Hindu teams to reclaim spiritual locations at Mathura and Kashi, that are prohibited beneath the 1991 legislation.
The provisions not solely offend the suitable of equality and life, but additionally violate the ideas of secularism, which is an integral a part of the Preamble and the fundamental construction of the Structure, the plea says.
The PIL claims that the provisions of the legislation “not solely offend Articles 14 (equality), 15 (prohibits discrimination of Indians on foundation of faith, race, caste, intercourse or native land), 21 (safety of life and private liberty), 25 (freedom of conscience and free occupation, apply and propagation of faith), 26 (freedom to handle spiritual affairs) and 29 (safety of pursuits of minorities), but additionally violate the ideas of secularism, which is an integral a part of the Preamble and the fundamental construction of the Structure”.
The PIL contends that the Centre has barred the treatments in opposition to unlawful encroachment on locations of worship and pilgrimage of Hindus, Jains, Buddhists and Sikhs, who can not file a swimsuit or strategy a excessive court docket.
The petitioner has sought a declaration from the court docket that the provisions of the Locations of Worship (Particular Provisions) Act, 1991 are void and unconstitutional for being violative of the elemental rights to equality, practise one”s faith and preserve spiritual locations, amongst others, because the legislation validate the “locations of worship” illegally made by barbaric invaders.
The plea claims that the restriction to maneuver court docket is in opposition to the precept of rule of legislation and secularism, and provides that “if the Ayodhya case had not been determined by the Supreme Court docket”s structure bench on November 9, 2019, Hindus would have been denied justice even after 500 years of the demolition of the temple”.
“The Centre by making impugned sections has, with out decision of the disputes by way of strategy of the legislation, abated the swimsuit/proceedings, which is ”per se” unconstitutional and past its law-making energy.
“Furthermore, impugned provisions can’t be compelled with retrospective impact and the judicial treatment of dispute pending, arisen or arising can’t be barred. Centre neither can shut the doorways of Courts of First Occasion, Appellate Courts, Constitutional Courts for aggrieved Hindus, Jains, Buddhists and Sikhs nor take away the ability of excessive courts and Supreme Court docket, conferred beneath Article 226 and 32,” it says.
Earlier additionally, one other public curiosity litigation (PIL) petition was filed by the “Vishwa Bhadra Pujari Purohit Mahasangh”, looking for instructions to declare part 4 of the Act as extremely vires.
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