A writ petition has been filed in the Supreme Court challenging recent court orders directing surveys of religious structures, alleging violation of the Place of Worship (Special Provisions) Act, 1991. The plea emphasises the need to uphold communal harmony and seeks to halt actions stemming from such orders.
The petitioners, Alok Sharma and Priya Mishra have sought directions from the Supreme Court to restrain states and authorities from acting on survey orders issued by courts. These orders, according to the petitioners, aim to ascertain whether certain religious sites, including the Shahi Jama Masjid in Sambhal and the Ajmer Sharif Dargah, were constructed over pre-existing structures of other faiths. The petitioners contend that such actions violate Section 4 of the Places of Worship Act, 1991, which mandates that the religious character of any place of worship as it stood on August 15, 1947, shall remain unaltered and bars any legal proceedings to contest this status.
The plea further highlights the communal tensions arising from these surveys. It references recent incidents, such as violence following a Sambhal trial court’s directive for a survey of the Shahi Jama Masjid, resulting in loss of life, and a Rajasthan court’s notice on a plea for an ASI survey of Ajmer Sharif Dargah.
The petitioners assert that such litigation disrupts communal harmony and seek the Supreme Court’s intervention to prevent further deterioration. They urge the apex court to direct all state governments and Union Territory administrations to prioritise peace and defer compliance with such orders until the matter is adjudicated by higher courts.
A bench headed by Chief Justice Sanjiv Khanna directed the Sambhal trial court to defer proceedings relating to the mosque until the Allahabad High Court examines the matter. The bench also urged the Uttar Pradesh administration to act impartially and issued an appeal for peace and harmony.
Filed through Advocate Narendra Mishra, the petition calls upon the Supreme Court to ensure strict adherence to the Places of Worship Act, 1991, by the states, High Courts, and Trial Courts. The plea underscores the need for judicial scrutiny to prevent any action undermining the Act’s mandate and protect the nation’s communal fabric.
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