The Allahabad High Court has recently concluded hearings and reserved its verdict on a contentious legal matter involving the Gyanvapi mosque in Varanasi. This case revolves around a petition challenging the validity of a 1991 civil suit filed by Hindu worshippers. The suit in question demands the restoration of an ancient temple, which the petitioners assert is part of the site currently occupied by the Gyanvapi mosque.
The challenge to the suit’s maintainability has been raised by the Anjuman Intezamia Masjid Committee of Varanasi and the Uttar Pradesh Sunni Central Waqf Board. They argue that the suit is barred by the Places of Worship Act (Special Provisions) Act, 1991, which prohibits the conversion of any place of worship and ensures the preservation of the religious character of places of worship as they existed on August 15, 1947.
Justice Rohit Ranjan Agrawal of the Allahabad High Court, after an extensive three-day hearing, reserved the judgment. The case’s history is marked by a significant procedural shift. Initially, Justice Prakash Padia was overseeing the case. However, the then Chief Justice Pritinkar Diwakar transferred the case from Justice Padia to himself. Chief Justice Diwakar justified this transfer, stating,
“the single judge continued with the hearing of these cases for more than two years, even though he had no jurisdiction in the matter as per the roster.”
He further explained that the decision to withdraw the case from the single-judge bench to the chief justice’s court was taken on the administrative side in the interest of judicial propriety, judicial discipline, and transparency in the listing of cases.
Following Chief Justice Diwakar’s retirement on November 22, the case was reassigned to Justice Agrawal. S F A Naqvi, representing the Anjuman Intezamia Masjid Committee, highlighted that the petition also contests a directive from a Varanasi court to the Archaeological Survey of India (ASI) for conducting a comprehensive survey of the Gyanvapi mosque. This directive was issued on April 8, 2021.
The Gyanvapi case has attracted widespread attention, given its implications for the historical and religious fabric of Varanasi. The Allahabad High Court’s upcoming decision is anticipated to be a landmark ruling, potentially influencing the discourse around religious sites and the interpretation of the Places of Worship Act in India.
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