The Allahabad High Court has made a significant ruling in the long-standing dispute involving the Gyanvapi Mosque and the Kashi Vishwanath Temple in Varanasi. The court rejected all petitions filed by the Muslim side, including those by the Sunni Central Waqf Board and Anjuman Intezamia Masjid Committee, which challenged the Hindus’ plea to worship at the Gyanvapi mosque.
The High Court dismissed two petitions contesting the validity of a 1991 civil suit filed by Hindu worshippers, which is still pending before a Varanasi District Court. Additionally, the court rejected three petitions against a 2021 Archaeological Survey of India (ASI) survey order. Justice Rohit Ranjan Aggarwal, presiding over the single-judge bench, directed the lower court to complete the hearing on the matter within six months.
Also read-Allahabad High Court Reserves Judgment In High-Profile Gyanvapi Mosque Case (lawchakra.in)
In its ruling, the High Court stated,
“Either the Gyanvapi Compound has a Hindu religious character or a Muslim religious character. It can’t have dual character at the same time. The religious character has to be ascertained by the Court considering pleadings of the parties, and evidences led in support of pleadings. No conclusion can be reached on the basis of framing of preliminary issue of law.”
This statement underscores the court’s approach to determining the religious character of the disputed site.
The court also held that the 1991 civil suit is maintainable and not barred by the Places of Worship Act, which prohibits the conversion of any place of worship and maintains the religious character of the site as it existed at the time of independence. The High Court noted that the dispute raised in the suit is of “vital national importance”, affecting two major communities of the country.
The verdict came a day after the ASI submitted its scientific survey report on the mosque complex to the Varanasi District Court in a sealed cover. The report, which will be shared with the petitioners on December 21 and a copy sent to the Supreme Court, is part of an ongoing survey to determine whether the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple. The Allahabad High Court had previously upheld the Varanasi District Court’s order for the survey, deeming it “necessary in the interest of justice” and beneficial for both Hindu and Muslim sides in the land dispute.
This ruling marks a pivotal moment in the Gyanvapi Mosque-Kashi Vishwanath Temple dispute, highlighting the complex interplay of historical, religious, and legal factors in such cases. The decision of the Allahabad High Court sets the stage for further proceedings in the lower court, with national attention focused on the outcome of this significant case.
Also read-Delhi Court Dismisses NewsClick Founder’s Plea For Seized Devices In UAPA Case (lawchakra.in)
