Gyanvapi case: HC rejects all five suits challenging maintainability plea

Pronouncing the judgment, Justice Rohit Ranjan Agarwal said the suit filed in 1991 before a Varanasi court is maintainable and not barred by the Places of Religious Worship Act, 1991

Holding that the Kashi Vishwanath-Gyanvapi land title case is of "national importance", the Allahabad High Court on Tuesday dismissed all pleas challenging the maintainability of a 1991 civil suit pending before a Varanasi court seeking restoration of a temple at the site where the mosque exists.

Justice Rohit Ranjan Agarwal held that the suit filed before the district court is maintainable and not barred by the Places of Religious Worship Act, 1991.

The court further directed the lower court to decide the suit pending before it expeditiously preferably within six months.

"No unnecessary adjournments shall be granted to any of the parties", the court said

The court further said, "Interim order, if any, is vacated. The Archaeological Survey of India (ASI) to submit its report before lower court. If required, the lower court may direct ASI for further survey."

"This suit is not between two parties but of national importance," the court held.

The civil suit was filed by Hindu worshippers seeking the right to worship in the Gyanvapi mosque adjoining the Kashi Vishwanath temple in Varanasi.

The Anjuman Intezamia Masjid Committee, which looks after the management of the Gyanvapi mosque, has challenged the maintainability of the suit filed before the Varanasi court, wherein the Hindu side plaintiff has sought restoration of a temple at the site where the Gyanvapi mosque exists.

While the Hindu side plaintiff contended that the Gyanvapi mosque is a part of the temple, the primary contention of the Committee and Uttar Pradesh Sunni Central Waqf Board was that the suit is prohibited by the Places of Worship Act (Special Provisions) Act of 1991, which prohibits the conversion of a religious structure from its nature as it stood on August 15, 1947

On December 8, the high court had reserved its judgment on all five connected petitions filed by the Committee and others challenging the maintainability of a suit pending before a Varanasi court.

In the petition, the Varanasi court's direction of April 8, 2021 for conducting a comprehensive survey of the Gyanvapi mosque was also challenged.