New Delhi- The Supreme Court on Thursday, ordered a halt to any new lawsuits being registered under the Places of Worship Act of 1991. The court also stipulated that no final or effective orders shall be passed in pending cases related to the Act until further notice.

This decision came from a Special Bench headed by Chief Justice of India Sajiv Khanna, who was joined by Justices Sanjay Kumar and K. V. Viswanathan designated Kanu Agarwal, Vishnu Shankar Jain, and Ejaz Maqbool as nodal counsel to compile pleadings for the Union, petitioners, and supporting parties. The Bench has given the Union government four weeks to submit its response to petitions challenging the constitutionality of the 1991 Act.

The Act prohibits the filing of lawsuits seeking to reclaim or alter the character of any place of worship as it existed on August 15, 1947. The petitions argue that the Act infringes on the fundamental rights of Hindus, Jains, Buddhists, and Sikhs to restore their places of worship and pilgrimage destroyed by invaders. One of the petitions specifically argues that the Act is arbitrary because it excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, despite both being incarnations of Lord Vishnu.

The Bench has appointed advocates Kanu Agarwal, Vishnu Shankar Jain, and Ejaz Maqbool as nodal counsel to compile pleadings on behalf of the Union, the petitioners, and those supporting the Act, respectively.

This case stems from a March 2021 plea filed by advocate Ashwini Upadhyay challenging the validity of certain provisions of the Act. The plea argues that the Centre overstepped its authority by enacting the law, as both "Public order" and "places of pilgrimages within India" fall under the purview of state subjects under the Constitution.

The case has seen numerous intervention applications, including one from the Managing Committee of Varanasi's Gyanvapi Mosque, which highlights the potential for widespread unrest if the Act is deemed unconstitutional. The Committee emphasizes that overturning the Act could jeopardize the rule of law and communal harmony. They also point out that 20 suits are pending before different Varanasi courts seeking to nullify the protection accorded by the 1991 Act and to convert the character of the Gyanvapi Mosque.

Similarly, the Committee of Management of Mathura's Shahi Masjid Eidgah stressed that the Act has served the nation's progress for over three decades. They argue that the outcome of the petitions could impact pending legal cases related to the Shahi Masjid Eidgah, which is party to 17 different suits being tried by the Allahabad High Court. These suits involve claims over the entire parcel of land on which the mosque is built, with plaintiffs seeking the removal of the mosque structure, claiming it was built over Krishna Janmsthan.