NEW DELHI: Another petition has been filed in Supreme Court challenging the validity of
Places of Worship Act
, alleging that the law is unconstitutional as it not only closes the doors of mediation but also takes away the power of the judiciary to adjudicate controversy over many disputed
religious structures
.
Challenging validity of Section 4 of the Act which bars jurisdiction of court on declaration of the religious character of Places of Worship Act, the petition said it prevented
judicial review
which is one of the fundamental aspects of the Constitution and the prohibition undermines the authority of judiciary.
"This provision not only closes the doors of mediation but also takes away the power of the judiciary. The legislature cannot take away the power of the judiciary to preside over disputes. This has been done through colourable legislation. If these matters are not fit to be in court, does the legislature have the power to decide so? Even to see whether the issue is fit to be raised in Court or not, it will have to go into the Court. And that power has been encroached upon by the legislature. This is a grave violation of Separation of powers- a part of the basic structure," the petition said.
"Hindus are fighting for restoration of the birthplace of Lord Krishna for hundreds of years and peaceful public agitation continues but while enacting the Act, Centre has excluded the birthplace of Lord Ram but not the birthplace of Lord Krishna, though both are the incarnations of Lord Vishnu, the creator.
The Apex Court finally decided Ayodhya dispute in 2019 and found substance in the claim of Hindus and now a new temple has been constructed after more than 500 years of demolition by the barbaric invaders.
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