A writ petition has been filed before the Supreme Court by BJP Leader Ashwini Kumar Upadhyay challenging the Constitutional validity of Sections 2, 3 and 4 of the Places of Worship (Special Provisions) Act 1991, as these sections bar remedies against illegal encroachment on the places of worship and pilgrimages filed prior to August 15, 1947. It’s stated in the plea that these sections bars the judicial remedy and has taken away the right to approach the court.
Leader also added in his plea that the provision has irrational and arbitrary date mentioned which is offending with respect to-
- Article 14-right to equality
- Article 15-right against discrimination
- Article 21- the right to life & personal liberty
- Article 25- the right to pray, practice & prorogate religion
- Article 26- the right to manage, maintain & administer places of worship-pilgrimage
- Article 29- the right to conserve culture of the Indian Constitution.
In the pleas it was also stated that “Centre has barred the remedies against illegal encroachment on the places of worship and pilgrimages and now Hindus Jains Budhists Sikhs cannot file Suit or approach High Court under Article 226. Therefore, they won’t be able to restore their places of worship and pilgrimage including temples-endowments in spirit of Articles 25-26 and illegal barbarian act of invaders will continue in perpetuity.”
It was further submitted that the impugned provisions are not in co-ordinance with state’s duty to protect historic places U/A-49 and right to preserve religious & cultural heritage U/A-51A of the Constitution of India and also violate the Constitution’s basic principle of Secularism.
It was stated in plea that “Hindus are fighting for restoration of birthplace of Lord Krishna from hundreds of years and peaceful public agitation continues but while enacting the Act, Centre has excluded the birthplace of Lord Ram at Ayodhya but not the birthplace of Lord Krishna in Mathura, though both are the incarnations of Lord Vishnu, the creator.”
Therefore, it is prayed in the petition to declare Section 2, 3 & 4 of the Places of Worship (Special Provisions) Act 1991 as Void & unconstitutional as they are violative of Articles 14, 15, 21, 25, 26 & 29 of the Constitution of India.
