Amid Gyanvapi row, plea filed in SC to declare Places of Worship Act 'unconstitutional'

Amid the ongoing Gyanvapi hearing, a fresh plea challenging the Places of Worship Act, 1991, has been filed in the Supreme Court on Wednesday, alleging that it is 'unconstitutional and violative of constitutional provisions'. The writ petition has been filed by Swami Jeetendranand Saraswatee under Article 32 to challenge the constitutional validity of Sections 2, 3, and 4 of the Places of Worship (Special Provisions) Act 1991. According to the petitioner, the law brazenly offends Articles 14, 15, 21, 25, 26, and 29 and also violates the principles of secularism and rule of law, which is an integral part of the Preamble and the basic structure of the Constitution.

In his plea, Saraswatee has contended that the POW Act offends the right of Hindus, Jains, Buddhists, Sikhs to pray, profess, practice, and prorogate religion, and deprives them of owning/acquiring religious properties belonging to deity, misappropriated by other communities.

"It takes away right of judicial remedy of Hindus Jains Buddhists Sikhs to take back their places of worship and pilgrimage and the property which belong to deity," it says, adding that Muslims on the other hand have a claim to retore their possessions under S.107, Waqf Act.

'Centre cannot legalise barbarian acts of invaders'

It has also asserted that the Centre has 'no legislative competence' to fix retrospective cutoff dates like 15.8.1947, set for the POW Act. "It is a historical fact that in 1192, the invader Mohammad Gori after defeating Prithviraj Chauhan established Islamic Rule and foreign rule continued up to 15.8.1947, therefore, any cutoff date could be the date on which India was conquered by Gori and the religious places of Hindus Jains Buddhists Sikhs as were existing in 1192 have to be restored with the same glory to provide them solace and opportunity to resume their places of worship and pilgrimage," it has contended. 

The petitioner has also argued that the citizens have the right to restore past glory and nullify the signs of slavery and atrocities committed by invaders in India. "Similarly, its the duty of everyone to make every endeavor to get back past the glory of the nation thus Centre cannot enact a law to legalise barbarian acts of invaders," he says, urging the top court to issue appropriate writ, order(s) or direction(s) to direct and declare Sections 2,3,4 of the Act as 'void and unconstitutional'.

Meanwhile, the Varanasi District court on Tuesday announced that it will start hearing the maintainability of the plea in the Gyanvapi Mosque case on Thursday, May 26. The court has decided to hear the Muslim side's plea under Order 7 11 CPC first and has sought objections to the survey report from both sides within the next 5-7 days.