SC to hear Owaisi's plea seeking to halt mosque surveys

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January 02, 2025 13:41 IST

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The Supreme Court on Thursday agreed to consider a plea of All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi seeking the implementation of the 1991 places of worship law, which asks to maintain the religious character of a place as it existed on August 15, 1947.

IMAGE: All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi speaks in the Lok Sabha. Photograph: SansadTV/ANI Photo

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar ordered that Owaisi's fresh plea to be tagged with pending cases on the matter and said it will be taken up on February 17 with them.

At the outset, lawyer Nizam Pasha, appearing for Owaisi, the president of AIMIM, said that the court is seized of various pleas on the issue and the fresh one may be tagged with them as well.

 

"We will tag this," the CJI said.

Owaisi filed the plea on December 17, 2024 through advocate Fuzail Ahmad Ayyubi.

On December 12, however, the bench headed by the CJI, while acting on a batch of similar pleas against the 1991 law, restrained all courts from entertaining fresh suits and passing any interim or final orders in pending cases seeking to reclaim religious places, particularly mosques and dargahs.

The special bench was hearing about six petitions, including the lead one filed by lawyer Ashwini Upadhyay, challenging various provisions of the Places of Worship (Special Provisions) Act, 1991.

The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.

Owaisi, in his plea, has sought a direction to the Centre to ensure effective implementation of the law, his counsel said.

He also referred to instances where several courts had ordered surveys of mosques on pleas by Hindu litigants, he said.

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