‘Places of Worship Act must be implemented strictly’: Former SC Justice Nariman warns disputes emerging like ‘hydra heads’

Former Supreme Court Justice RF Nariman called for strict implementation of the Places of Worship (Special Provisions) Act of 1991 to address the growing number of disputes over religious sites across the country, which, he warned, were emerging like “hydra heads”. 

He expressed concern over the rising number of legal challenges against mosques and dargahs, stating that such cases could foster communal tensions. According to Nariman, the solution lies in enforcing the principles laid out in the judgment, as it represents a binding declaration from the Supreme Court. 

“Today we find hydra heads popping all over the country. We find suits after suits not only against mosques but also against dargahs. All this, according to me could lead to communal disharmony. The only way to scorch and cauterise all this is by applying these five pages in this very judgement and having it read out in every district court and high court. Because these five pages are a declaration by the Supreme Court which binds each of them,” he said. 

Justice Nariman sharply criticised the 2019 verdict in the Ram Janmabhoomi-Babri Masjid case, calling it a “great travesty of justice” for not adequately respecting the principle of secularism. 

In his address at the First Justice AM Ahmadi Memorial Lecture on ‘Secularism and the Indian Constitution’, Justice Nariman acknowledged a “silver lining” in the judgment, noting that it upheld the Places of Worship (Special Provisions) Act of 1991.  

“In my opinion, a great travesty of justice was that secularism was not given its due by these judgements,” Justice Nariman argued. He also voiced disagreement with the court’s reasoning for granting the disputed land, despite recognising the illegal demolition of the mosque. 

Justice Nariman’s remarks come as the Supreme Court is set to hear petitions challenging the constitutionality of the Places of Worship Act on December 12, 2024.  

The Supreme Court will hear a batch of writ petitions challenging the constitutionality validity of the Places of Worship Act (Special Provisions) Act, 1991 on December 12 at 3.30 pm. 

The petitions will be heard by a special bench of Chief Justice of India Sanjiv Khanna, Justices Sanjay Kumar and KV Viswanathan. 

The petitioners claim the law is arbitrary and unreasonable, infringing on the fundamental right to practice religion under Articles 14 and 25 of the Indian Constitution. 

The Union Government has yet to file its counter affidavit, despite several extensions, with the Supreme Court having set a deadline of October 31, 2023. 

(With inputs from PTI)