The Supreme Court today ruled that pending Writ Petitions without notice challenging the Places of Worship Act, 1991, stand dismissed, granting petitioners the liberty to file fresh applications only if they raise new legal grounds. However, the Court permitted Writ Petitioners to file fresh Intervention Applications, only if they challenge a new legal issue.

Today morning, during the mentioning, the Court declined to take up the matter immediately, citing the large number of pending petitions and interventions. "We will not take up the Places of Worship Act matter today. It is a three-judge matter. Too many petitions filed. List sometime in March," the CJI initially said before confirming the April hearing date.

The Bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, citing the large number of intervention applications, clarified that new interventions will be permitted solely if they introduce legal issues not already addressed in the pending cases.

On the issue of intervention applications, the CJI observed that a limit must be set, stating, "Last time we allowed so many interventions."

Senior Advocate Dushyant Dave agreed, adding, "Yes, no further should be allowed."

Senior Advocate Vikas Singh requested that the Union government file a response, while Advocate Nizamuddin Pasha pointed out that despite eight previous hearings, no counter-affidavit had been submitted.

Acknowledging this, the CJI noted that new petitions had introduced additional legal arguments.

The Court ruled that writ petitioners can file an application raising new grounds and that pending petitions where no notice has been issued stand dismissed, with liberty to refile on additional legal points.

Furthermore, the Court restricted new intervention applications, stating they would only be allowed if they introduced new legal issues not already raised in the pending matters.

"Writ petitioners can file an application raising new grounds. We are constrained to pass this order with the number of interventions filed. Pending writ petitions which has no notice stand dismissed with liberty to file an application raising additional grounds, if any... the new Intervention Application will only be allowed if there is any new point or new legal issue that has not been raised in the pending petitions," the Court ordered.

The Bench has scheduled a hearing of a batch of petitions challenging the Places of Worship Act, 1991, in the week commencing April 1, 2024, before a three-judge bench.

Cause Title: Ashwini Kumar Upadhyay v. Union of India & Ors. & other connected matters [W.P.(C) No. 001246 /2020; Diary No. 23509/2020]

Chief Justice Sanjiv KhanaJustice Sanjay KumarPlaces of Worship ActAshwini Kumar Upadhyay

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.