Mathura's Shahi Eidgah Mosque Seeks Intervention in Supreme Court Regarding Places of Worship Act

New Delhi, Dec 11 (NationPress) A day prior to the significant Supreme Court hearing regarding petitions questioning the validity of the Places of Worship Act, 1991, the Committee of Management of Mathura's Shahi Masjid Eidgah filed an intervention request on Wednesday. They contend that this law was established by Parliament to benefit the nation's progress and has successfully endured for more than 33 years.

The request stated that the legitimacy of this law, which forbids alterations to places of worship as they existed on August 15, 1945, has been affirmed by a Constitution Bench of the Supreme Court in the case of M. Siddiq (D) Thr. Lrs. vs. Mahant Suresh Das & Ors..

It further emphasized that Parliament, exercising its powers in the interest of the nation’s progress, legislated the 1991 Act, which has proven resilient for over 33 years, while the petitioners have opted to contest the enactment only after a delay of 29 years.

Moreover, it mentioned that the outcome of the petitions against the Places of Worship Act could significantly influence the adjudication of its special leave petitions currently pending before the apex court, concerning the dismissal of their application as per Order VII Rule 11 of the CPC (Code of Civil Procedure) and the ongoing lawsuits against the mosque committee.

The application indicated that the mosque committee is involved in 17 different lawsuits being heard by the Allahabad High Court, where the plaintiffs are laying claim to the entire land on which the Shahi Masjid Eidgah is situated, further requesting the demolition of the mosque structure on the grounds that it was constructed over Krishna Janm Sthan.

"It would serve the cause of justice for the applicant (mosque committee) to be permitted to intervene and assist this Hon’ble Court in addressing the issues concerning the validity of the Places of Worship Act, 1991," stated the application.

The Supreme Court has assembled a 3-judge Special Bench to consider a series of petitions challenging particular provisions of the Places of Worship (Special Provisions) Act, 1991.

According to the causelist released on the apex court's website, a special bench led by CJI Sanjiv Khanna along with Justices Sanjay Kumar and K.V. Vishwanathan will deliberate on the matter on December 12.

A similar request has also been submitted by the Managing Committee of Varanasi's Gyanvapi Mosque to the Supreme Court, indicating that the repercussions of declaring the 1991 Act unconstitutional would be severe, jeopardizing both the rule of law and communal harmony.

The mosque committee remarked that a petition under Article 32 questioning a legislative enactment must demonstrate the unconstitutionality of the provisions based on constitutional principles, asserting that arguments seeking retribution against perceived historical injustices cannot form the basis of a constitutional challenge.

"Parliament, in its wisdom, enacted this legislation as a recognition of the secular values enshrined in the Constitution. The applicant respectfully submits that while this Hon'ble Court reviews this challenge to the 1991 Act, the petition should be dismissed as lacking merit," the application concluded.