MP HC: 1991 Act Doesn’t Apply to Bhojshala, Site Governed by Different Law
MP HC: 1991 Act Doesn’t Apply to Bhojshala, Site Governed by Different Law
MP High Court rules the 1991 Places of Worship Act does not apply to Bhojshala, saying the site is governed by a separate legal framework and petitions under Article 226 will proceed.
The Madhya Pradesh High Court has ruled that the 1991 Places of Worship Act would not apply to Bhojshala because the site is governed by a different legal framework. The court explained that the act freezes the religious character of a place as it existed on August 15, 1947, but its application is limited to suits seeking to alter or preserve religious character. When petitions are filed under Article 226 to enforce fundamental rights, the court’s constitutional powers cannot be overridden by legislation. This distinction places Bhojshala’s status within a separate legal framework rather than under the 1991 freeze.
The case centers on a dispute involving the mosque committee challenging petitions by Hindu community members who questioned an Archaeological Survey of India order dated April 7, 2003 permitting namaz at the mosque. The mosque committee contended that the site was a mosque as of 1947, arguing that the 1991 Act’s freeze should apply to preserve its religious character. The High Court’s analysis focused on whether the Act should govern writ petitions, and it ultimately held that it does not, allowing the petitions under Article 226 to continue on their merits.
The ruling is significant because it clarifies the boundary between writ jurisdiction and statutes affecting the religious character of sites. Observers say the decision could influence how worship rights are addressed at Bhojshala and similar contested sites where multiple faiths claim a stake. In the immediate aftermath, Hindu side lawyers indicated the next step would be to pursue worship at the site while continuing to explore legal avenues as appropriate.
The decision underscores the ongoing tension between protecting religious freedom and maintaining statutory freezes designed to preserve the status quo at disputed places of worship. It may shape future petitions that test the scope of the 1991 Act and the powers of the High Court in Madhya Pradesh.
