New Delhi: Amidst the ongoing Gynavapi mosque hearing, a fresh plea challenging the Places of Worship Act, 1991 has been filed in the SC today. The plea alleged that it is ‘unconstitutional and violative of constitutional provisions’.
The writ petition filed by Swami Jeetendranad Saraswatee under Article 32 challenges the constitutional validity of Sections 2,3, and 4 of the Places of Worship (Special Provisions) Act 1991. According to the petitioner, the law offends Articles 14, 15, 21, 25, 26, and 29 and also violates the principles of secularism and rule of law, which is an integral part of the Preamble and the basic structure of the Constitution.
In his plea, the petitioner has contended that the POW Act offends the right of Hindus, Jains, Buddhists, and Sikhs to pray, profess, practise, and propagate religion, and deprives them of owning/acquiring religious properties belonging to deity, misappropriated by other communities.
It has also asserted that the Centre has ‘no legislative competence’ to fix retrospective cutoff dates like 15.8.1947, set for the POW Act. “It is a historical fact that in 1192, the invader Mohammad Gori after defeating Prithviraj Chauhan established Islamic Rule and foreign rule continued up to 15.8.1947, therefore, any cutoff date could be the date on which India was conquered by Gori and the religious places of Hindus Jains Buddhists Sikhs as were existing in 1192 have to be restored with the same glory to provide them solace and opportunity to resume their places of worship and pilgrimage,” it has contended.