Jamiat files plea in Places of Worship Act caseJune 07, 2022 00:29
Jamiat Ulama-i-Hind has approached the Supreme Court urging it not to entertain a petition challenging the validity of the certain provisions of the Places of Worship (Special Provisions) Act, 1991.
The organisation sought to be impleaded in the public interest litigation petition filed by advocate Ashwini Upadhyay challenging the Constitutional validity of the Act.
It said entertaining the plea against the Act will open floodgates of litigations against countless mosques across India.
The organisation in its application has said, "There is a list of numerous mosques which is doing the rounds on social media, alleging that the mosques were built allegedly by destroying Hindu temples. Needless to say, that if the present petition is entertained, it will open floodgates of litigation against countless mosques in the country and the religious divide from which the country is recovering in the aftermath of the Ayodhya dispute will only be widened."
It said the Act was intrinsically related to the obligations of a secular State and reflected the commitment of India to the equality of all religions.
The intervention application further said, "This court has categorically held that the law cannot be used as a device to reach back in time and provide a legal remedy to every person who disagrees with the course which history has taken and that the courts of today cannot take cognisance of historical rights and wrongs unless it is shown that their legal consequences are enforceable in the present."
The top court had in March 2021 asked the Centre to respond to Upadhyay's petition challenging the validity of certain provisions of the 1991 Act, which prohibited filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947. -- ANI