Gyanvapi: SC To Examine Maintainability Of Hindu Side's Suit Under Places Of Worship Act

Supreme Court agreed hear Anjuman Intezamia Masjid committee's plea against an Allahabad HC verdict that held the suit filed by the Hindu side is not barred by the Places of Worship Act, 1991

In December 2023, the Allahabad High Court dismissed plea filed against the maintainability of a 1991 suit seeking restoration of Kashi Vishwanath temple at the site where the Gyanvapi mosque stands.

Source : ABP Gallery

The Supreme Court on Friday agreed to hear a petition filed by the Anjuman Intezamia Masjid committee against an Allahabad High Court verdict that held the suit filed before the Varanasi court by the Hindu side is not barred by the Places of Worship (Special Provisions) Act, 1991. The said Act forbids conversion of the religious character of a place from what existed on August 15, 1947. 

A bench of Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala and Justice Manoj Misra said this plea will be tagged along the main plea. 

In December 2023, the Allahabad High Court dismissed plea filed against the maintainability of a 1991 suit seeking restoration of Kashi Vishwanath temple at the site where the Gyanvapi mosque stands.

The high court not only upheld the maintainability of lawsuit, but also ordered speedy trial in Gyanvapi dispute case.

The high court said that the places of worship Act did not define the “religious character” of a place. And only the court can determine through evidence presented in court by the opposing parties.

“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 high court said.

Earlier, the Supreme Court gave its nod for a non-invasive survey by the Archaeological Survey of India (ASI) of the Gyanvapi mosque premises.

This week, on February 26, the Allahabad High Court gave its verdict on another petition challenging the Varanasi court's order that permitted Hindu side to offer prayers in the Vyas cellar of the Gyanvapi mosque.  

The court said that the Uttar Pradesh government's 1993 action of stopping Hindu prayers inside Vyas basement in the southern cellar of the Gyanvapi mosque was illegal as the actions were carried out without any written order.