New Delhi, Sep 3 : A petition was filed in the Supreme Court to become party to a petition challenging legality of the Places of Worship (Special Provisions) Act 1991.The application was filed by the Lucknow-based MPLBI Trust, which is seeking to be made an accused in the petition filed by attorney Ashwini Upadhyay , who is challenging the provisions of the Act.
Upadhyay’s petition has been tentatively scheduled to be heard on the 9th of September.
The petitioner has omitted the fact that he is a member of an organisation that in fact is the largest party that holds the majority in Parliament and may adopt the legislative route.”Such unfounded petitions are solely political and are part of an overall plan to keep the sensitive and communal questions in the forefront in the country, to further the interests of political parties of certain individuals and organizations” in the petition for an impleadment.
The petition was filed with an obscure motive that is untrue and solely political .It is also part of an overall and shady strategy to maintain the sensitive and communal concerns in the country, to serve the political interests of certain groups and individuals.
The petition argues that the petition represents a grave misuse of procedure of law and a misuse of litigants of public interest, and is a serious issue of concern to the judicial system.”Frivolous or motivated petitions which claim to be invoking public interest hinder the time and attention that courts are required to give to legitimate causes.It is claimed that petitioners have an obscure motive and motive to gain personal political gain” according to the petition.
The application defended the Act in the application, it was stated that the goal of the Act is to permit people to exercise their rights to the freedom of religion as stipulated in Article 25-28 in peace.”The Act does so equally for all religions, by providing the protection of all the places of worship of all religions.This is in harmony with the secular nature of the Constitution that is the fundamental tenet of the Constitution” the Act added.
The application said that the Act helps to ensure equality of all religions, and permits the freedom of practice and the practicing of religion.
In other words the Act protects against the retrogression of one of the fundamental features of constitutionalism i.e.secularism.
“That the argument of the Petitioner to invalidate the Places of Worship Act and allow conversion (or reconversion) of certain places through petitions, suits or otherwise is therefore not only in opposition to the basic values and explicit clauses of the Constitution but also undermines the gains of civilisation of humanity in terms of secularism, which is an essential element of an enlightened and peaceful society” The application said.
The All India Muslim Personal Law Board (AIMPLB) has also asked to the Supreme Court to become party to a petition challenging legality of the Places of Worship (Special Provisions) Act of 1991.
In March of last year, the apex court issued an advisory to the Center on Upadhyay’s petition claiming that the law infringed Article 25 (right to practice and promote the religion) as well as Article 26 (right to regulate religious matters) of the Constitution, as well as discriminating by excluding religious groups from contacting the courts to reinstate their sacred places of worship.
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