Supreme Court Halts Trial Proceedings Or Surveys On Religious Structures Until Decision On Places of Worship Act

In a crucial decision, the Supreme Court on Thursday (12 December) instructed trial courts across India to refrain from issuing any effective orders or conducting surveys in cases disputing the religious character of existing structures.

The Bench, led by Chief Justice of India (CJI) Sanjiv Khanna and Justices P V Sanjay Kumar and KV Viswanathan, emphasised that such suits are expressly barred under the Places of Worship (Special Provisions) Act of 1991 until the law's validity is resolved.

The Act, enacted in 1991, aims to maintain the status quo of religious structures as they stood on 15 August 1947. It prohibits courts from entertaining disputes regarding the character of such places of worship, except for the Ram Janmabhoomi site in Ayodhya, which was exempted.

“As the matter is sub-judice before this court, we deem it fit to direct that no fresh suits shall be registered or proceedings be ordered. In the pending suits, courts would not pass any effective order or final orders. When a matter is pending before us, is it just and fair for any other court to examine it? We are on vires as well as ambit of the act,” the Bench remarked.

On the other hand, the Jamiat Ulama-I-Hind, which filed an impleadment plea in 2022, argued that Upadhyay’s petition indirectly targets Islamic places of worship. Other groups, including the Vishwa Bhadra Pujari Purohit Mahasangh, have also filed related petitions.

The Supreme Court reiterated that the law, reaffirmed in the 2019 Ayodhya verdict, prevents disputes over religious sites except for Ayodhya. The court’s decision could influence ongoing cases, including those concerning the Gyanvapi Mosque in Varanasi, Shahi Eidgah Masjid in Mathura, Shahi Jama Masjid in Sambhal, and Ajmer Dargah in Rajasthan.

“The matter is sub-judice. No further suits cannot be registered till we hear and dispose of the case,” the Bench clarified.