Right To Worship: The High Court Orders Varanasi Court to Decide on Worship Rights of ‘Shivling’ At Gyanvapi Mosque

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On Monday, the Allahabad High Court mandated a Varanasi court to deliver a verdict within eight weeks regarding the worship rights of a ‘shivling’ claimed to be discovered inside the Gyanvapi mosque. This directive follows a legal petition for unrestricted worship filed after the purported ‘shivling’ was found during a survey in May 2022.

UTTAR PRADESH: On 4th March, 2024: The Allahabad High Court has issued an order for a Varanasi court to expedite and resolve the dispute within eight weeks of a plea for the right to worship a structure alleged to be a ‘shivling’ discovered at the Gyanvapi mosque complex in May 2022.

Article 25 (Freedom of conscience and free profession, practice, and propagation of religion) Article 25 guarantees the freedom of conscience, the freedom to profess, practice, and propagate religion to all citizens. The above-mentioned freedoms are subject to public order, health, and morality.

The directive came from Justice Manish Kumar Nigam in response to an appeal made by Vivek Soni and another individual. They petitioned the high court to review of their request, which has been awaiting a decision by the civil judge (senior division) in Varanasi since 2022.

The high court, concluding its deliberation on the matter on February 27, stated,

“The petition is hereby conclusively resolved with instructions to the Civil Judge (Senior Division), Varanasi, to assess and adjudicate the interim injunction request (6C Application) promptly and, if possible, within an eight-week timeframe from the receipt of a verified copy of this directive. This is to be done after ensuring that both parties have had the opportunity to be heard, and by avoiding unnecessary delays unless legally warranted.”

Background

The plea in question was filed during an ongoing lawsuit that demands a permanent injunction to prohibit the Anjuman Intezamia Masajid from obstructing the worship of the said ‘shivling.

On May 16, 2022, a survey authorized by the court of the Gyanvapi site, which is located near the Kashi Vishwanath temple in Varanasi, unveiled a structure. This discovery led to contrasting interpretations, with Hindu claimants identifying it as a ‘shivling,’ whereas Muslim representatives described it as a ‘fountain.

The lawsuit, initiated in 2022, seeks to ensure that the mosque’s committee and other parties do not interfere the devotional practices directed towards the purported ‘shivling.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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