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Places of Worship Act put to test as Gyanvapi mosque case goes to Supreme Court

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4 years ago

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The three-page legislation — The Places of Worship Act, 1991 — is at the centre of the row over videographic survey carried out at the Gyanvapi mosque in Varanasi, where a Shivling was purportedly discovered.

The law has been invoked by the Committee of Management, Anjuman Intezamia Masajid Varanasi, which manages the Gyanvapi mosque, before the Supreme Court, saying mischievous attempts were being made to change the character of the mosque, which existed for 500 years.

In the Ayodhya judgment, the Supreme Court had said that the Act is intrinsically related to the obligations of a secular state and it reflects the commitment of India to equality of all religions.

However, in the Gyanvapi mosque matter, the Act will be put to legal scrutiny and face a test, in view of the ethos of secularism.

A bench comprising Justices D.Y. Chandrachud, Surya Kant, and P.S. Narasimha observed that the survey of a structure to ascertain its religious nature is not barred under the Act.

The committee moved the top court under Order 7, Rule 11 of the Civil Procedure Code against the maintainability of the suit, filed by five Hindu women seeking enforcement of their right to worship Goddess Shringar Gauri and other deities inside the mosque.

The masjid committee has also questioned the appointment of a commissioner for the video survey of the mosque, as it was barred under the Places of Worship (Special Provisions) Act, 1991, and pointed at the fallout of entertaining a suit in gross violation of the provisions of the 1991 Act.

The counsel representing the masjid committee argued in the apex court that similar mischief is being attempted in connection with four-five other mosques and objected to the trial court order to protect an area which had been used for the last 500 years by Muslims as ‘wuzu khana’ (ablution pond).

The Places of Worship Act, 1991 had its own share of controversies. The then Union Home Minister, S.B. Chavan, while moving the Bill in the Lok Sabha had said that it is a measure to provide and develop our glorious traditions of love, peace and harmony.

However, the BJP, then main Opposition party, had opposed the Bill tooth and nail, and termed it as another attempt by the Congress government to appease the minorities.

The Central government notified the Act to forestall fresh claims by any community about the previous designation of any religious place of worship and also subsequent attempts to regain land, on which they stood.

The Places of Worship Act, 1991 begins by saying, “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto.”

Section 4 of the Act says, “It is hereby declared that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day.”

The Section 4(2) of the Act says any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on August 15, 1947, is pending before any court, tribunal or other authority, the same should abate, and no fresh suit or legal proceedings would be instituted.

And, the proviso to this section clarifies that only those litigations are allowed, where conversion has taken place in the religious character after August 15, 1947. The offence under the Act is punishable with imprisonment for a term which may extend to three years and also a monetary penalty.

According to the Act, if a person attempts to convert any place of worship, or is part of a conspiracy, she/he can face a jail term.

The Act has put the Ram Janmabhoomi-Babri Masjid dispute outside its domain of operation. However, the Supreme Court in its Ayodhya judgment cited its importance. In November 2019, the Supreme Court ruled in favour of the Hindu side paving the way for the construction of Ram temple in Ayodhya.

The apex court had then said The Places of Worship Act is intrinsically related to the obligations of a secular state and it reflects the commitment of India to the equality of all religions.

“Above all, The Places of Worship Act is an affirmation of the solemn duty which was cast upon the state to preserve and protect the equality of all faiths as an essential constitutional value, a norm which has the status of being a basic feature of the Constitution. There is a purpose underlying the enactment of The Places of Worship Act. The law speaks to our history and to the future of the nation,” the top court had said.

The five-judge bench had said: “Historical wrongs cannot be remedied by the people taking the law in their own hands. In preserving the character of places of public worship, the Parliament has mandated in no uncertain terms that history and its wrongs shall not be used as instruments to oppress the present and the future.”

The apex court had said The Places of Worship Act imposes a non-derogable obligation towards enforcing “our commitment to secularism under the Indian Constitution and the law is hence a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution”.

“Non-retrogression is a foundational feature of the fundamental constitutional principles of which secularism is a core component. The Places of Worship Act is thus a legislative intervention which preserves non-retrogression as an essential feature of our secular values,” it had said.

On May 20, 2022, the top court noted that ascertaining the religious character of a place of worship through a procedure known to the law, will not fall foul of The Places of Worship Act, 1991. The top court has shifted the trial of the suit by the Hindu parties from civil judge, senior division, to the district judge.

The top court said its May 17 interim order — protecting the ‘Shivling’, purportedly discovered during the survey, and free access to Muslims for ‘namaz’ — will remain operational for eight weeks, after the district judge’s decision in the matter, so as to allow the aggrieved parties to appeal against the decision.

The Supreme Court has scheduled the Gyanvapi case for hearing in July.

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Crime

CBI arrests absconding Maha CGST official in Rs 40 lakh bribe case

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3 hours ago

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September 21, 2026

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Mumbai, Sep 21: The CBI arrested a CGST official from Uttarakhand’s Rishikesh in connection with a Rs 40 lakh bribe case that involved proceedings against a company based in Maharashtra’s Raigad, an official said on Monday.

Additional Commissioner, CGST, Vinay Kumar Kantheti, IRS 2009 batch, has been absconding since September 16, when the Bombay High Court cancelled his bail, along with that of two co-accused, and directed him to surrender before the CBI, the official said.

Instead of complying with the High Court’s order, Kantheti absconded and has now been traced in Rishikesh and taken into custody by the CBI, said the statement.

His colleague and Superintendent, CGST, Raigad, Rakesh Kumar Sinha, and a private person, Narinder Rajput, who worked as a conduit to the college on behalf of the officials, are already in judicial custody, the CBI said.

The Central Bureau of Investigation (CBI), Anti-Corruption Branch, Mumbai, registered a case on August 26 under Section 7 of the Prevention of Corruption Act, 1988, based on a complaint alleging that a Superintendent, CGST, Khandeshwar, Raigad, demanded illegal gratification.

It was alleged that an illegal gratification of Rs 1.50 crore, subsequently reduced to Rs 40 lakh, was demanded in connection with proceedings relating to the complainant’s firm, the CBI said

The Central probe agency laid a trap on August 27, during which a private person/Customs House Agent was apprehended while allegedly accepting Rs 40 lakh on behalf of the Superintendent, CGST, Raigad and the Additional Commissioner, CGST, Raigad, it said.

The CBI arrested all three accused and produced them before the learned Special CBI Court, Thane. The CBI sought five days of police custody for custodial interrogation. However, vide order dated August 28, the Special Court rejected the request for custody, held the arrests illegal and released the accused on bail, the statement said.

The CBI challenged the Special Court’s order before the Bombay High Court, which accepted the agency’s plea, quashed and set aside the Special Court’s order, and remanded three accused to two days’ CBI custody.

After examining the record, the High Court found that the grounds of arrest had been communicated to the accused in writing and that the family members and advocates had been duly informed, the statement said.

Pursuant to the High Court order, the accused Superintendent and the accused private person were taken into CBI custody for two days and subsequently sent to 14 days of judicial custody by the Court, the CBI said.

However, the accused Additional Commissioner, Vinay Kumar Kantheti, absconded instead of complying with the High Court order. The CBI said it has now arrested him He Rishikesh.

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International News

Two injured as tanker hit by unknown projectile in Strait of Hormuz: UKMTO

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4 hours ago

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September 21, 2026

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London, Sep 21: Two crew members sustained minor injuries after a tanker transiting the Strait of Hormuz was struck by an unknown projectile, the United Kingdom’s Maritime Trade Operations (UKMTO) said on Monday.

Military authorities informed the UKMTO that the tanker was conducting an inbound transit when it was hit. The vessel was continuing to its next port of call under its own power, with no environmental impact reported at present.

Authorities are investigating the incident, the UKMTO said, advising vessels in the area to transit with caution and report any suspicious activity, Xinhua News Agency reported.

The incident came three days after the UKMTO reported that another tanker had been hit by an unknown projectile in the Strait of Hormuz, causing a fire onboard. All crew in that incident were reported safe.

The navy of Iran’s Islamic Revolutionary Guard Corps (IRGC) said early Friday a “violating” oil tanker that sought “illegal” passage through the Strait of Hormuz was struck the previous night and brought to a halt.

In a statement published on the IRGC’s official news outlet Sepah News, the navy said the Togo-flagged oil tanker, named “Trend,” was stopped after it caught fire following the strike.

The vessel attempted to cross the strait “illegally” after being “deceived and provoked” by the US Army, it said, warning that attempting illegal passage through the waterway will lead to nothing but “destruction,” Xinhua news agency reported.

The navy added that its forces are still in control of the Strait of Hormuz with strength and will not let passage by any “aggressor.”

Earlier, the IRGC said that a super oil tanker seeking to cross the Strait of Hormuz via the “forbidden” route south of the waterway exploded and caught fire after hitting naval mines.

In a statement on the IRGC’s official news outlet Sepah News, the navy said efforts to contain the fire on the tanker, identified as “EL GAIA,” were futile, and the entire vessel was engulfed in flames.

It added that warnings had been issued about the risks of using the “illegal” route in the strategic waterway, stressing that the strait remains closed and under the control of Iran’s naval forces.

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International News

PM Modi condoles death of Dubai Ruler brother, offers condolences to Royal family

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4 hours ago

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September 21, 2026

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New Delhi, Sep 21: Prime Minister Narendra Modi on Monday condoled the death of Dubai Ruler’s brother, Shaikh Ahmed bin Rashid Al Maktoum, and lauded his efforts to serve the society. In his message, PM Modi offered condolences to the Royal family and the people of Dubai.

“Deeply saddened by the passing of His Highness Shaikh Ahmed bin Rashid Al Maktoum. His efforts to serve society will be cherished by generations to come. I convey heartfelt condolences to the Royal Family and the people of Dubai. May his soul rest in eternal peace,” PM Modi posted on X.

Earlier in the day, Dubai Ruler Shaikh Mohammed bin Rashid Al Maktoum’s court announced that Shaikh Ahmed bin Rashid Al Maktoum died on Monday morning. He was 76. A 10-day official mourning has been declared in Dubai.

“The Court of His Highness Shaikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, mourns the passing of the late Shaikh Ahmed bin Rashid Al Maktoum this morning, Monday. The Court has declared a 10-day period of official mourning in Dubai, during which flags will be flown at half-mast, effective today, Monday,” the Government of Dubai Media Office posted on X.

Shaikh Mohammed bin Rashid Al Maktoum also paid a personal tribute to his brother.

Shaikh Ahmed bin Rashid Al Maktoum was the fourth and youngest son of the late ruler of Dubai, Shaikh Rashid Bin Saeed Al Maktoum. He served as Dubai Police and Public Security’s Deputy Chairman, Group Chairman of A.R.M. Holding, and President of Al Wasl Sports Club.

After graduating from the Royal Military Academy Sandhurst, Shaikh Ahmed joined the Central Military Base in Dubai and later became the Commander in Chief of the base, according to the Al Wasl Sports Club website. In the early 1990s, Shaikh Ahmed Bin Rashid Al Maktoum established the Jebel Ali racecourse to promote horse racing in the UAE. Shaikh Ahmed bin Rashid Al Maktoum has been the president of Al Wasl Sports Club for 60 years.

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