Source: The Hindu

Introduction

A bench of Justice Rohit Ranjan Agrawal of Allahabad High Court has rejected five requests from the UP Sunni Central Waqf Board and the Gyanvapi Mosque Committee challenging the suits by Hindu devotees to worship in the Mosque. They argued that the case filed in 1991 about the Varanasi Mosque should not be allowed under the Places of Worship Act, 1991.

The court permitted that case will be taken up by the Varanasi Civil Judge's court and instructed the Varanasi Civil Judge’s Court to handle it quickly and finish the proceedings within six months.

What is the Timeline of Gyanvapi Case?

• History:
  • It is believed that the Gyanvapi Mosque was built in 1669 by the Mughal ruler Aurangzeb by demolishing the ancient Vishweshwar temple, as quoted by Saqib Khan in his book Yasir Alamgiri.
  • The case of Gyanvapi mosque has been in dispute since 1991, when three persons, including Pandit Somnath Vyas, a descendant of the priests of the Kashi Vishwanath temple, filed a suit in the court of the civil judge of Varanasi claiming that Aurangzeb had demolished the temple of Lord Vishweshwar.
• In 1991:
  • Priests in Varanasi went to court to ask for permission to pray inside a mosque.
    • They argued that the mosque was constructed on the site of the original Kashi Vishwanath temple.
    • Their request also asked for the land of the mosque to be given to Hindus.
  • The mosque's Management Committee opposed the petition, saying it went against the Places of Worship Act, 1991, but the lower court rejected their challenge in 1998.
    • The Committee also approached Allahabad HC for the same.
• In 2019:
  • After the judgment in M Siddiq v. Mahant Suresh Das & Ors. (2019), a new request was made at a Varanasi Civil Court.
    • The request asked for an archaeological examination of the Gyanvapi mosque's history.
  • Those who filed a lawsuit in 1991 went back to the Civil Court in Varanasi to re-examine the original request.
  • The Allahabad HC stayed the proceedings in February 2020.
• In 2021:
  • In Smt. Rakhi Singh and others v. State of UP and others (2022) a Varanasi court allowed the Hindu women to worship in the Mosque considering the fact that they used to worship after 15th August 1947 and because of this Places of Worship Act, 1991 is not applicable on them.
• Archaeological Survey of India (ASI) Survey:
  • ASI Survey of the Mosque was allowed by a Varanasi Court which was stayed by the Supreme Court but was later resumed by Allahabad HC in the case of Anjuman Intezamia Masajid Varanasi v. Rakhi Singh and 8 Others (2023) and SC as well, in 2023.

What was the Court’s Conclusion in this Case?

• Suit not Barred:
  • The suit filed by plaintiffs in 1991 is not barred by provisions of Section 4 of Places of Worship Act, 1991, and the plaint cannot be rejected under Order 7 Rule 11 of Code of Civil Procedure, 1908 (CPC).
• Direction to Trial Court:
  • The HC was concerned about the speedy trial of the case and said that the Court below shall not grant unnecessary adjournment to either of the parties. In case adjournment is granted, it will be at a heavy cost.
• Directions to ASI:
  • ASI shall submit the same report in case of 1991 and if it is found that further survey is required, which have been left out in the survey conducted by ASI, the Court below shall issue necessary directions to carry out further survey in view of order dated 8^th April 2021.