SC to listen to plea regarding 1991 Locations of Worship Act on 1 April

The Supreme Courtroom is scheduled to listen to on Tuesday, 1 April a plea difficult the validity of a provision of the Locations of Worship (Particular Provisions) Act, 1991, which mandates sustaining the spiritual character of a spot of worship because it existed on 15 August 1947.

As per the trigger checklist of 1 April, the plea is slated to return up for listening to earlier than a bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar.

The regulation prohibits conversion of anyplace of worship and gives for the upkeep of the spiritual character of anyplace of worship because it existed on 15 August 1947. Nevertheless, the dispute regarding the Ram Janmabhoomi-Babri Masjid at Ayodhya was saved out of its purview.

The plea has sought the apex courtroom’s route permitting courts to go applicable orders to determine the unique spiritual character of a spot of worship. It has challenged part 4(2) of the Act that barred proceedings to vary the spiritual character, apart from prohibiting submitting of recent instances for a similar.

“The Centre has transgressed its legislative energy in barring the judicial treatment, which is a primary characteristic of the Structure. It’s properly established that the precise to judicial treatment by submitting go well with in a reliable courtroom, can’t be barred and the ability of courts can’t be abridged and such denial has been held to be violative of primary characteristic of the Structure, past legislative energy,” the plea filed by petitioner Nitin Upadhyay, a regulation scholar, mentioned.