SC asks challengers of PoW Act 1991 to file intervention

New Delhi: Supreme Court asked the petitioners who challenged provisions of the Places of Worship (Special Provisions) Act, 1991, to file an intervention in the petitions. Already there are petitions pending before the court regarding the matter, IANS reported.

A top court bench of DY Chandrachud and JB Pardiwala said, "We grant liberty to intervene in the two pending petitions." It also said that the petitioners could supplement the grounds of challenge in the pending petitions.

Six petitioners- Chandra Shekhar and Rudra Vikram Singh, retired Army officer Anil Kabotra, Devkinandan Thakur Ji, Swami Jeetendranand Saraswati, and former Bharatiya Janata Party MP Chintamani Malviya- have moved the SC, challenging certain provisions of the Act.

Kabotra challenged the validity of sections 2, 3, and 4 of the Act, arguing that these sections violate the principles of secularism. The cut-off date, August 15, 1947, -- was fixed to legalize the illegal acts of barbaric invaders, he argued. Advocate Ashwini Kumar Dubey filed a plea challenging the constitutional validity of Sections 2, 3, and 4 of the Act, saying that they offend Articles 14, 15, 21, 25, 26, and 29. He said, "Hindus, Jains, Buddhists, Sikhs, have the right to profess, practice and propagate religion as provided in their religious scriptures and Article 13 prohibits from making a law which takes away their rights." Also, "right to restore back religious property is unfettered and continuing wrong and injury may be cured by judicial remedy".

Further, Advocate Ashwini Upadhyay also challenged certain provisions of the 1991 Act.

The Supreme Court issued notice on March 12, last year, on Upadhyay's plea. Another petition was filed by BJP leader Subramanian Swamy in June 2020, challenging the 1991 law. The apex court, on March 26, 2021, admitted Swamy's plea for a hearing and sought a response from the Centre.