#BREAKING | Supreme Court to Hear GYANVAPI Committee’s Plea Against HC Order on Temple Restoration Suit’s Maintainability

The Supreme Court Today (1 March) has agreed to hear an appeal from the Gyanvapi Management Committee challenging an Allahabad High Court decision that deemed lawsuits for the “restoration” of a temple, where a mosque currently stands in Varanasi, as maintainable.

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New Delhi: The Supreme Court Today agreed to hear an appeal of the Gyanvapi management committee against an Allahabad High Court order which held that lawsuits for “restoration” of a temple where the mosque stands in Varanasi are maintainable.

“We will tag this with the main case”

-a bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra said.

The petition in the highest court was submitted by the Anjuman Intezamia Masjid, the committee responsible for managing the affairs of the Gyanvapi mosque.

On December 19 of last year, the Allahabad High Court dismissed petitions contesting the admissibility of a 1991 lawsuit aiming for the “restoration” of a temple situated where the Gyanvapi mosque now stands.

The High Court emphasized that the determination of the “religious character” of a disputed site falls under the jurisdiction of the court.

#BREAKING | Supreme Court to Hear GYANVAPI Committee's Plea Against HC Order on Temple Restoration Suit's Maintainability

Over the years, the mosque committee and the Uttar Pradesh Sunni Central Waqf Board had filed five related petitions, including those regarding maintainability and objections against a survey of the mosque premises, all of which were dismissed by the High Court.

The High Court concluded that the lawsuit filed in the district court is not prohibited by the Places of Worship (Special Provisions) Act of 1991, which prohibits the “conversion” of the “religious character” of a place from what existed on August 15, 1947.

The lawsuit was initiated by petitioners seeking the right to worship in the Gyanvapi mosque adjacent to the Kashi Vishwanath temple. Muslim litigants had challenged its admissibility, citing the Places of Worship (Special Provisions) Act.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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