SC seeks Centre's reply on PIL challenging law preventing legal remedies to reclaim religious places
New Delhi/IBNS: The Supreme Court has sought a reply from the Centre on a Public Interest Litigation (PIL) challenging a 1991 law that prohibits law suits to recover a place of worship or seek a change in its existing character from what prevailed in 1947.
According to the petitioner, the date of August 15, 1947 set by the 1991 law is "arbitrary and irrational" for maintaining the character of the places of worship or pilgrimage against encroachments.
The petition, filed by BJP leader Ashwini Upadhyay, pointed out that these changes were brought about by "fundamentalist-barbaric invaders and law-breakers", seeking that sections 2, 3, 4 of the Places of Worship (Special Provisons) Act, 1991 be set aside.
The petition stated that the sections take away the right of a judicial remedy to reclaim a place of worship
A bench of Chief Justice SA Bobde and Justice AS Bopanna issued a notice to the Centre seeking a reply on the plea.
The PIL alleged that the provisions of the law "not only offend Articles 14, 15, 21, 25, 26 and 29, but also violate the principles of secularism, which is an integral part of the Preamble to the Constitution".
It also contended that the law prevents legal remedies against encroachment on places of worship and pilgrimage of Hindus, Jains, Buddhists and Sikhs.
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