Mathura Mosque Committee Urges Supreme Court to Close Centre’s Right to File Counter Affidavit
The Committee of Management of Mathura’s Shahi Masjid Eidgah has filed a fresh application before the Supreme Court, urging the court to close the Centre's right to file its counter affidavit regarding the petitions challenging the validity of the Places of Worship Act, 1991.
New Delhi: The Committee of Management of Mathura’s Shahi Masjid Eidgah has filed a fresh application before the Supreme Court, urging the court to close the Centre’s right to file its counter affidavit regarding the petitions challenging the validity of the Places of Worship Act, 1991.
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Delay in Filing Reply by Union Government
The mosque committee highlighted that despite the Supreme Court’s order on December 12, 2024, directing the Union government to file a common counter affidavit within four weeks, the Centre has not submitted its response for over three years. The committee alleges that this delay is deliberate, intended to obstruct those challenging the Places of Worship (Special Provisions) Act, 1991, from proceeding with their written submissions.
Request for Closure of Counter Affidavit Filing Right
The Shahi Masjid Eidgah’s application contends that the Supreme Court has scheduled the hearing for February 17 and that in the interest of justice, the Centre’s right to file any counter affidavit should be closed. The petitioners are seeking clarity before the hearing date, as the Centre’s stand would directly influence the proceedings.
Legal Background and Challenge to the Act
The Places of Worship Act, 1991, which prohibits lawsuits to reclaim religious sites or alter their character as of August 15, 1947, has been under scrutiny. The Act has been challenged by advocate Ashwini Upadhyay, who argues that it violates the rights of Hindus, Jains, Buddhists, and Sikhs to restore their places of worship. The petition contends that the Act is unconstitutional as it was enacted in areas under State jurisdiction, such as public order and pilgrimage sites.
Interim Order and Pending Cases
On December 12, 2024, the Supreme Court’s CJI Sanjiv Khanna-led Special Bench had passed an interim order, suspending the registration of fresh suits under the Places of Worship Act. Furthermore, no final decisions were to be made in pending cases until further orders. The Union government was directed to file its response to the petitions within four weeks.
The Role of the Mathura Mosque Committee
The Mathura mosque committee has been involved in several lawsuits in the Allahabad High Court, where plaintiffs have made claims over the land where the Shahi Masjid Eidgah stands. These claims also include demands for the removal of the mosque, alleging that it was built on the birthplace of Lord Krishna. The mosque committee has asked for the opportunity to intervene and assist in the legal proceedings regarding the Places of Worship Act.
