Allahabad High Court rejects mosque committee plea, allows civil suits seeking “restoration of temple” at Varanasi’s Gyanvapi
Allahabad: In a crucial judgment in the Gyanvapi case, the Allahabad High Court today rejected all petitions by the
In a crucial judgment in the Gyanvapi case, the Allahabad High Court today rejected all petitions by the mosque committee challenging civil suits that seek restoration of a temple at the mosque site. The high court asked the Varanasi court hearing the civil suits to complete hearing the matter within six months.
The case relates to Gyanvapi mosque, located next to the iconic Kashi Vishwanath temple in Varanasi. The high court was hearing five petitions – three from the Gyanvapi mosque committee and two from Uttar Pradesh Sunni Central Waqf Board. Three of these petitions challenged the maintainability of a suit filed before the Varanasi court in 1991. The 1991 suit, filed on behalf of deity Adi Vishveswar Virajman, had argued that Gyanvapi dispute pre-dated Independence and will not come under the Places of Worship Act, which ensures maintenance of the religious character of places of worship.
The mosque committee had challenged this suit. The Anjuman Intezamia Masajid Committee and UP Sunni Central Waqf Board had argued that the 1991 suit is prohibited by the Places of Worship Act (Special Provisions) Act of 1991, which restricts altering the character of a religious places as it existed on August 15, 1947.
Justice Rohit Ranjan Agarwal today said the suit filed in 1991 before a Varanasi court is maintainable and not barred by the Places of Religious Worship Act, 1991. Justice Agarwal had on December 8 reserved its judgment after hearing the counsels of the petitioners and the respondent.
The court today said the masjid compound can have either a Muslim character or a Hindu character and this cannot be decided at the stage of framing issues. “The suit affects two major communities of the country… We direct the trial court to expeditiously decide the suit in 6 months,” the court said.
The suit pending before the Varanasi court seeks the restoration of an ancient temple at the disputed site where the mosque is now located. It argues that the mosque is part of the temple.
