Editor's Pick |Special bench to hear challenges to Places of Worship Act on Dec 12

Chief Justice of India Sanjiv Khanna has constituted a Special three-judge Bench, comprising of Justices Sanjay Kumar and K.V. Vishwanathan, to hear petitions challenging the validity of the Places of Worship (Special Provisions) Act, 1991. The statute protects the identity and character of religious sites as they existed on August 15, 1947. A slew of petitions have challenged the legality of the 1991 act. The petitioners, including advocate Ashwini Kumar Upadhyay, hold the act responsible for barring Hindus, Jains, Buddhists, and Sikhs from approaching courts to “re-claim” their places of worship which were allegedly “invaded” and “encroached” upon by “fundamentalist barbaric invaders”. The opponents to this argument, Muslim organisations as the All-India Muslim Personal Board (AIMPLB) and the Jamiat Ulama-i-Hind, counter that the pleas in the guise of public interest petitions, cannot challenge a legislation that has guarded the spirit of fraternity and secularism, virtues from the Preamble of the Constitution, as well as parts of the “basic structure” of the Constitution, through protection of the religious character of religious places. So far, the Union government has opted to remain tight-lipped, promising to file a counter-affidavit in the pending challenge against the 1991 Act. The timing of the constitution of the bench and the listing coincides with the recent frenetic judicial interventions by local courts in states like Rajasthan and Uttar Pradesh in civil suits challenging the origins and character of mosques. In fact, a civil court-ordered survey of the Shahi Jama Masjid at Chandausi in Uttar Pradesh’s Sambhal district – examining claims from petitioners about it being constructed after demolishing an existing temple – led to violent protests on the second day of the survey. The Supreme Court had to step in and caution the district administration to maintain peace and harmony. The first hearing, challenging the validity of the act, is scheduled for December 12 at 3:30 p.m. The Hindu’s Profiles Sukhbir Singh Badal: The scion after ‘penance’ Kash Patel: Abu Muhammad al-Jolani The Hindu’s Daily Quiz What is the sanctioned number of judges in the Supreme Court? 34 32 37 35 To know the answer and to play the full quiz, click here. [logo] Editor's Pick 08 December 2024 [The Hindu logo] [EP Logo] Editor's Pick 08 December 2024 In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [View in browser]( [More newsletters]( Special bench to hear challenges to Places of Worship Act on Dec 12 Chief Justice of India Sanjiv Khanna has constituted a Special three-judge Bench, comprising of Justices Sanjay Kumar and K.V. Vishwanathan, [to hear petitions]( challenging the validity of the Places of Worship (Special Provisions) Act, 1991. The statute protects the identity and character of religious sites as they existed on August 15, 1947.  A slew of petitions have challenged the legality of the 1991 act. The petitioners, including advocate Ashwini Kumar Upadhyay, hold the act responsible for barring Hindus, Jains, Buddhists, and Sikhs from approaching courts to “re-claim” their places of worship which were allegedly “invaded” and “encroached” upon by “fundamentalist barbaric invaders”. The opponents to this argument, Muslim organisations as the All-India Muslim Personal Board (AIMPLB) and the Jamiat Ulama-i-Hind, counter that the pleas in the guise of public interest petitions, cannot challenge a legislation that has guarded the spirit of fraternity and secularism, virtues from the Preamble of the Constitution, as well as parts of the “basic structure” of the Constitution, through protection of the religious character of religious places. So far, the Union government has opted to remain tight-lipped, promising to file a counter-affidavit in the pending challenge against the 1991 Act. The timing of the constitution of the bench and the listing coincides with the recent frenetic judicial interventions by local courts in states like Rajasthan and Uttar Pradesh in civil suits challenging the origins and character of mosques. In fact, a civil court-ordered survey of the Shahi Jama Masjid at Chandausi in Uttar Pradesh’s Sambhal district – examining claims from petitioners about it being constructed after demolishing an existing temple – led to violent protests on the second day of the survey. The Supreme Court had to step in and caution the district administration to maintain peace and harmony. The first hearing, challenging the validity of the act, is scheduled for December 12 at 3:30 p.m. The Hindu’s Profiles [Arrow][Sukhbir Singh Badal: The scion after ‘penance’]( [Arrow][Kash Patel: Abu Muhammad al-Jolani]( The Hindu’s Daily Quiz What is the sanctioned number of judges in the Supreme Court? - 34 - 32 - 37 - 35 To know the answer and to play the full quiz, [click here](. 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