Supreme Court Pauses Surveys Of Places Of Worship and Mosques, Orders Centre To Reply

New Delhi: The Supreme Court has paused surveys of places of worship, including mosques, while hearing petitions challenging the Places of Worship Act. Filed in 2020, the main petition awaits a government response, with BJP’s Subramanian Swamy and other MPs among the petitioners. The Act prohibits lawsuits to alter the status of places of worship as of August 15, 1947. Lower courts are directed to stop proceedings, including surveys, in cases like the Gyanvapi Mosque and Mathura Shahi Idgah. This pause follows communal clashes in UP’s Sambhal. The government has four weeks to respond before further hearings.

Order Issued: The Supreme Court paused surveys of places of worship, including mosques, as it hears petitions challenging the Places of Worship Act.

• Pending Response: The main petition, filed in 2020, awaits a government reply. BJP’s Subramanian Swamy and several MPs are among the petitioners.

• Provisions of the Act: The Act bars lawsuits to reclaim or change the status of places of worship as they were on August 15, 1947.

• Scope of the Pause: Lower courts are directed to halt proceedings, including interim orders or surveys, on cases involving Gyanvapi Mosque, Mathura Shahi Idgah, and Sambhal Masjid.

• Recent Violence: Communal clashes in UP’s Sambhal followed a court-ordered mosque survey, prompting further tension.

• Next Steps: The government must respond within four weeks before further hearings proceed.

Key Points:

Bail Granted: Delhi Chief Minister Arvind Kejriwal was granted bail by the Supreme Court after nearly six months in jail.
Supreme Court’s Ruling: The court stated that his “prolonged incarceration amounts to unjust deprivation of liberty.”
Arrest Details: Kejriwal was arrested by the Central Bureau of Investigation (CBI) in June over an alleged liquor excise policy case.
Restrictions on Release: Although he can be released from Tihar Jail, Kejriwal cannot visit his office, the Delhi Secretariat, or sign official files without the consent of Lieutenant Governor VK Saxena.
Court Proceedings: Justices Ujjal Bhuyan and Surya Kant delivered separate verdicts on Kejriwal’s pleas but agreed on his release.
Challenge to Arrest: Kejriwal also challenged the CBI’s arrest, which happened soon after he was granted bail in a related Enforcement Directorate (ED) case.
Judges’ Opinions: Justice Kant saw “no impediment” in the CBI’s arrest, while Justice Bhuyan questioned the timing, noting the CBI acted only after the ED case bail.
Legal Principle Highlighted: Both judges agreed that continuing Kejriwal’s detention without a likely trial soon would be unjust. Justice Bhuyan emphasized that “bail is the rule, jail is the exception,” criticizing the CBI’s urgency in the arrest.