New Delhi: The Union government once again failed to file a counter-affidavit in response to a plea challenging the validity of the Places of Worship (Special Provisions) Act, 1991.
The matter has been pending in the Supreme Court since 2022 with the first notice seeking the Union government’s response dating back to May 2021.
Between October 2022-December 2024, the top court has passed eight orders in which the Union government was either granted more time to file a response or the court was told that it was working on a “comprehensive” one.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar adjourned the matter till April during the hearing on Monday (February 17).
The court also expressed displeasure at the number of fresh pleas being filed in the case. While dismissing all petitions in which a notice had not been issued, the court said that petitioners could file applications but only those raising new legal grounds would be entertained.
“People keep on filing fresh petitions alleging that they have raised new grounds…It will become impossible for us to deal with the petitions besides whatever has already been filed,” CJI Khanna said.
“We are constrained to pass this order after taking note of the number of fresh petitions filed. The pending writ petitions, which have no notices, stand dismissed with liberty to file an application raising additional grounds, if any. The new IA will only be allowed if there is any new point or new legal issue that has not been raised in the pending petitions,” the bench said.
Senior advocate Vikas Singh, referring to the notices issued by the court in the initial petitions in 2021, said, “Please direct the Centre to file its counter-affidavit at least in these petitions.”
The Union government’s silence on the matter comes amid an increasing number of petitions being filed to ‘reclaim’ Hindu temples at religious sites belonging to Muslims.
In December 2024, the top court barred civil courts from registering any fresh cases on such matters or passing orders in pending ones.
The Places of Worship Act preserves the character of religious places as they existed on August 15, 1947. Section 3 of the Act prohibits the conversion of places of worship and Section 4 imposes an obligation to maintain the character of religious places as they were on August 15, 1947.
