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Can't order blanket stay on worship act pleas: SC

Hindustan Times

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July 12, 2023

The Supreme Court on Tuesday observed that it cannot order a blanket stay restraining other courts from hearing cases related to disputed religious sites even as there is no judicial order putting on hold the operation of the Places of Worship Act, 1991.

- Utkarsh Anand

Can't order blanket stay on worship act pleas: SC

NEW DELHI: The 1991 law locks the religious identity of a place of worship as it existed on August 15, 1947, and makes it punishable to attempt to change its character.

A bench comprising Chief Justice of India Dhananjaya Y Chandrachud and justice PS Narasimha pointed out that it would not be proper for the apex court to issue a generic directive without knowing the facts of the cases pending before various courts across the country. The court was hearing a bundle of petitions - some challenged the validity of the 1991 Act while some others demanded stringent enforcement of the same law.

"There is no stay on the Act. You have to point out before the court concerned that there is no stay. Mere pendency of the plea (before the Supreme Court challenging the Act) is not a stay (on the Act). We cannot in general stay the proceedings before other courts without knowing what they are," the bench told advocate Vrinda Grover.

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