Places of Worship Act 1991: Samajwadi Party MP from Kairana, Iqra Hasan has filed a petition in the Supreme Court demanding effective implementation of the Places of Worship Act 1991. She placed the matter before a bench of Chief Justice Sanjeev Khanna and Justice Sanjay Karol on February 14. The court has combined her petition with other pending petitions related to the Places of Worship Act. During the hearing, the Chief Justice said that new petitions are being filed every week, which is making the matter complicated.
Senior advocate Kapil Sibal argued on behalf of MP Iqra Hasan. In the petition, Iqra expressed concern and said that cases are being filed repeatedly targeting mosques and dargahs. She also said that issuing orders for survey without any concrete investigation and legal basis promotes communal tension. This poses a threat to constitutional values such as harmony and tolerance.
Respect for fundamental rights is necessary – Iqra Hasan
Iqra Hasan argued in her petition that it would be unfair to ignore the provisions of the Places of Worship Act 1991 as per the ‘principle of non-regression’ established in the Ram Janmabhoomi temple case. She said that the inclusion of any place of worship in the definition of ancient monument under the Ancient Monuments and Archaeological Sites Act 1958 is a violation of fundamental rights under Articles 25, 26 and 29.
Sambhal violence and Supreme Court order
Iqra, citing the violence in Sambhal, said that the incident took place after the trial court ordered a survey on a 16th century mosque. She alleged that the trial court issued unilateral interim orders without properly examining the legal aspects. It is worth noting that on December 12, 2024, a Supreme Court bench headed by Chief Justice Sanjiv Khanna had banned new lawsuits and survey orders against religious places. This order was also applied in cases like Gyanvapi Mosque, Mathura Shahi Idgah and Sambhal Jama Masjid.