Supreme Court Freezes New Suits under Places of Worship Act

On 12th December, 2024, the Supreme Court barred civil courts from registering new suits or passing orders in pending cases related to reclaiming temples destroyed by Mughal rulers in the 16th century.

The court emphasized the validity of the Places of Worship Act, 1991, which preserves the status of religious sites as they existed on August 15, 1947.

Key Points

Supreme Court Directive: Civil courts are prohibited from registering fresh cases or issuing orders in pending suits concerning religious places. The freeze applies to 18 suits across 10 religious shrines.
Special Bench Decision: A Bench led by Chief Justice ruled that no interim or final orders should be issued in these cases until further notice from the Supreme Court.
Validity of the Act: The court is examining the constitutional validity and scope of the Places of Worship Act, 1991.
Survey Ban: Local courts are prohibited from ordering surveys of religious premises, including mosques and temples, to maintain communal harmony.
Pending Cases: The Supreme Court is handling appeals regarding local court orders to survey premises of sites like the Gyanvapi Mosque in Varanasi and Shahi Eidgah Mosque in Mathura.
Communal Harmony: The Act is upheld as a safeguard against retrogression and communal tensions, mandating the religious character of sites remain as they were on August 15, 1947.

Constitutional Principles: The court highlighted that the Act aligns with secularism, dignity, and freedom of religion. Section 3 prohibits the conversion of religious sites, and Section 4 mandates maintaining their 1947 status.
Government Stand: The Union government has been directed to file a counter-affidavit, pending for four years.