Lawstreet Journal

How a PIL against Places of Worship Act, 1991 sets wheels of Kashi Mathura in Motion

Lawstreet Journal 18 May 2022 10:00pm

Image courtesy: Lawstreet Journal Judiciary How a PIL against Places of Worship Act, 1991 sets wheels of Kashi Mathura in Motion

During the 40-day hearing of the Ramjanmabhoomi - Babri Masjid property controversy in the Honourable Supreme Court in 2019, Ashwini Upadhyay, a lawyer and BJP member, sat in the rear and took notes. At a hearing in which he discussed the law that preserves the "religious character" of places of worship as they were in 1947, senior attorney Rajeev Dhavan mentioned the "The Places of Worship (Special Provisions) Act, 1991." Upadhyay isn't sure what Dhavan said about the Act, but that's when he decided to sue over its constitutionality. 

At the time of the Apex Court's November 2019 ruling in favour of Hindu litigants, Advocate Upadhyay was prepared to file his suit in Ayodhya. He couldn't figure out when it would be a good idea to file it. A series of events culminated in the COVID-19 epidemic, starting with demonstrations against the Citizenship Amendment Act of 2019 and the National Register of Citizens. Advocate Upadhyay did not want his plea to be seen as a sleazy political ploy by the BJP. On October 31st, 2020, he filed his petition, using his Dussehra holiday to finalise the document, avoiding any elections. If the petition is approved, it will pave the way for a wave of lawsuits against religious institutions all around the country. 

Advocate Upadhyay, who has filed over 100 petitions in his career as a lawyer, considers this one to be an important moment because of the potential influence it could have on the long-standing requests of Hindus for… Continue Reading...

Tagged: Babri Masjid Demolition Case   Ashwini Upadhyay   Supreme Court of India   Places of Worship Act 1991    Constitution of India   Advocates Mahendra Pratap Singh   Advocates Rajendra Maheshwari    Varanasi Court   Gyanvapi Mosque   Allahabad High Court   Special Provisions Act 1991  
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