The Supreme Court on Wednesday asked the Centre to furnish by October 31 its affidavit in response to petitions challenging the validity of certain provisions of a 1991 law, which prohibit filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.
When a Bench headed by Chief Justice U U Lalit was told the Centre has not yet filed its response to the petitions, Solicitor-General Tushar Mehta, appearing for the Government, said it is under consideration as to what to respond to and whether to respond.
One of the petitioners and BJP leader Subramanian Swamy pointed out that the Centre has not yet replied to their petitions, seeking the stand of the Government. The Bench, also comprising Justices Ajay Rastogi and SR Bhat, asked Mehta how much time was required to submit the affidavit.
"Two weeks, that is what my instruction is," Mehta said, adding some time was needed considering the sensitivity of the matter. "On the last occasion, Tushar Mehta, Solicitor- General, had prayed for some time to place his submissions on record by way of an affidavit in response. Solicitor-General prays for further time of two weeks to do the needful. Let the affidavit in that behalf be filed on or before October 31," the bench said.
The top court was hearing the pleas, including the one filed by advocate Ashwini Upadhyay who has said Sections 2, 3, 4 of the Places of Worship (Special Provisions) Act, 1991 be set aside on grounds including that these provisions take away the right of judicial remedy to reclaim a place of worship of any person or a religious group.