Supreme court halts all mandir-masjid cases until 1991 Act verdict

A directive has been passed by the Supreme court on Thursday for all courts to prohibit to file any fresh suits or plea concerning the claim of worship place, especially regarding Mandir-Masjid conflicts. The directive is until the court ca reviews the constitutionality of the Places of Worship (Special Provision) Act, 19991. The decision has put a halt on the growing lawsuits filed by the Hindi groups struggling over religious sites. The order was passed by three-judge bench of Chief Justice of India (CJI) Sanjiv Khanna, and Justices Sanjay Kumar and K V Viswanathan, in which they stated, “No order of survey or any other effective order to be passed in existing suits you as well in pending lawsuits, courts will not pass any effective interim or final order till its further orders.” The orders of the courts are until effectively freezes proceeding in trial and high courts.The bench also clarified that, until Supreme Court’s further notice, while new suits may still be filed, they would not be registered, nor could any interim orders, including surveys, be undertaken as their order states, “As the matter is sub judice before this Court, we deem it appropriate to direct that, though fresh suits may be filed, no suits would be registered and no proceedings shall be undertaken therein till further orders of this Court. Further, in the pending suits, no Court will pass any effective interim orders or final orders, including orders directing surveys, etc., till the next date of hearing/further orders of this Court”. The next hearing is scheduled for February 17, 2025. The Places of Worship (Special Provisions) Act, enacted in 1991, was enacted as a legislative measure by Indian government to maintain communal harmony by preserving the religious character of all the places of worship as the existed-on August 15, 1947. The Act prohibits the conversion of any place of worship, to prevent any further religious disputes and violence that had escalated over decades. The court’s order came amid the increasing litigation intitated primarily by Hindu groups seeking to reclaim sites they claim to be historically temples, these cases start increasing in number after the historical flashpoint disputes like Gyanvapi Mosque in Varanasi and Shahi Idgah Mosque in Mathura. A mix reaction of relief and concern has been seen among political leaders, legal experts and community representatives for the directives. Lawyer, Danish Verma specializing in religious freedom cases talking to us voiced, “The directive of Supreme Court to pause all mandir-masjid cases is a crucial step towards maintaining peace in society especially among religious groups. For the time being it will prevent the escalation of disputes over religious worship sites while the constitutionality of the Places of Worship Act is being reviewed. To preserve the communal harmony this acts plays a vital role. We are looking forward to Court’s further decision and hope that it will balance the rights of all the communities and protect the secular character of India.”Advocates from the Hindu side have expressed dissatisfaction, arguing that the issues at stake are fundamental to the community’s rights to historical grievances, voicing concerns that the directive effectively obstructs their pursit of justice.While Muslim leader and organizations have happily welcomed the intervention as a protective measure for harmony in society. A member of All India Muslim Personal Law Board in an statement said, “We welcome the directives of the Supreme Court; this will be a relief not just for the entire state but also for the country”.