Court’s order, ASI survey
I write this letter as a senior advocate in the Supreme Court of India. I also acknowledge the assistance of Akshay Nagarajan in preparing this letter. In the article, “Court’s order and the ASI survey are flawed” (Editorial page, September 4, 2023), certain views have been expressed in the interpretation of the Places of Worship Act, 1991 and the view taken by the Supreme Court in the Ram Janmabhumi judgment. In declining to interfere by passing an order of stay on the Archaeological Survey of India (ASI) Survey in the Gyan Vapi matter, the article swriter argues that the Supreme Court has gone against the “spirit” of its judgment in the Ram Janmabhumi case, particularly the observations rendered therein on the Places of Worship Act, 1991.
The fundamental premise of the article is that the Supreme Court gave a binding declaration of law in the Ram Janmabhumi judgment delivered on November 9, 2019 with reference to the Places of Worship Act, 1991. Another premise which forms the basis of the writer’s view is that the Places of Worship Act, 1991 prohibits any inquiry to ascertain the religious character of any place of public worship as the same would amount to converting it’s religious character.
