The Supreme Court
DH File photo
New Delhi: The Shahi Masjid Committee of Mathura has filed a plea in the Supreme Court urging it close the Centre's right to file a reply in the petitions challenging validity of the Places of Worship Act, as it deliberately did not furnish its affidavit.
By an application, it pointed out on September 9, 2022, this court recorded that even though the notice in the writ petition against 1991 Act, was issued on March 12, 2021, the Centre had not filed its counter affidavit or reply.
The 1991 law prohibits the conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.
Since the Centre has failed to file its response despite being given several opportunities, the committee urged the court to pass a direction to close the Centre's right to reply to the petitions, so that the case can proceed.
"The Union of India is deliberately not filing its counter affidavit/reply with the intention to delay the hearing of the present writ petition and the connected writ petitions, thereby obstructing those who are opposing the challenge", the plea said.
The committee further said it is responsible for the management of the Shahi Masjid Eidgah in Mathura, which, at present, is the subject matter of 17 different suits being tried by the Allahabad High Court.
The committee pointed out that on December 12, 2024, the Supreme Court had granted four weeks to the Centre to file its response, but it failed to do so.
The committee said that since the apex court has fixed the date of hearing of the present writ petition and the connected writ petitions on February 17, it would be in the interest of justice if the right of the Centre to file its counter affidavit/ reply/ pleadings/ submissions, is closed.
On December 12, 2024, the apex court, while acting on a batch of pleas against the 1991 law, had restrained all courts from entertaining fresh suits and also from passing any interim or final orders in pending cases seeking to reclaim religious places.The apex court passed the order on petitions filed by NGOs Jamiat Ulama-I-Hind and All India Muslim Personal Law Board for implementation of the 1991 law.A batch of petitions, including the lead one filed by lawyer Ashwini Kumar Upadhyay, challenged various provisions of the Places of Worship (Special Provisions) Act, 1991.