Lawstreet Journal

Ashwini Upadhyay Who Challenged Places of Worship Act Seeks Impleadment In Gyanvapi Dispute Before Supreme Court

Lawstreet Journal 23 May 2022 8:37pm

Image courtesy: Lawstreet Journal Judiciary Ashwini Upadhyay Who Challenged Places of Worship Act Seeks Impleadment In Gyanvapi Dispute Before Supreme Court

BJP leader and Advocate Ashwini Kumar Upadhyay has moved the Supreme Court to seek impleadment in the Gyanvapi row. Previously, Adv. Upadhyay had filed a public interest litigation petition challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991 (hereinafter, the Act) in October 2020 and the Supreme Court had issued notice on his plea in March 2021.

Upadhyay has stated in the application that the Places of Worship Act of 1991 cannot govern the Kashi Vishwanath Temple – Gyanwapi Mosque issue. 

In the present application, Upadhyay has sought impleadment for appropriate appreciation of the facts-circumstances in the case. 

The Act of 1991, which was passed at the height of the Ram Janmabhoomi movement, aims to protect the status of all religious structures as it stood on the date of independence by prohibiting courts from entertaining cases that raise dispute over the character of such places of worship. This act was passed in an effort to protect the status of all religious structures as they stood on the date of independence.

In addition, the Act mandates that any similar matters that are already pending in the courts must be dismissed. In spite of this, the Act made an exception for the Ram-Janambhoomi site, which served as the rationale for the courts, including the High Court and the Supreme Court, to consider the case at issue.

This law was cited by the Supreme Court in 2019 when it decided to give the controversial land in Ayodhya over… Continue Reading...


Tagged: Ashwini Upadhyay   Places of Worship Act 1991   Kashi Vishwanath Temple   Gyanwapi Mosque   Ram Janmabhoomi-Babri   Article 372(1)   Article 13   Constitution of India   Supreme Court of India   place of worship   place of prayer  
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