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Gyanvapi mosque case: Indian court dismisses masjid committee’s plea seeking dismissal of civil suit

Gyanvapi mosque case: Indian court dismisses masjid committee’s plea seeking dismissal of civil suit

Gyanvapi mosque

The Allahabad High Court on Tuesday (Dec 19) dismissed all petitions filed by the mosque committee challenging a civil suit pending before a lower court in Varanasi seeking the restoration of a temple at the site where the mosque exists.

The high court ordered the Varanasi court to complete the hearing of the case within six months.

The Muslim side plaintiff represents the Anjuman Intezamia Masjid Committee, which runs the Gyanvapi mosque, and the UP Sunni Central Waqf Board, among others.

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They had challenged the maintainability of the suit, saying that it goes against the 1991 Places of Worship Act, which freeze the status of religious places of worshipas theyexisted on August 15, 1947,and prohibits the conversion of any place of worship and ensures the maintenance of theirreligious character.

The only exception to this act is the Ram Janmabhoomi-Babri Masjid site.

Arguing that the suit is not barred by the Places of Worship Act, the court said that the mosque complex can have either a Muslim character or a Hindu character and can't have a dual religious character.

'Suit doesn't contravene Places of Worship Act'

"The suit affects two major communities of the country...We direct the trial court to expeditiously decide the suit in 6 months," the bench of Justice Rohit Ranjan Agrawal said.

The civil suit in contention seeks to restore an ancient temple at the disputed site currently occupied by the Gyanvapi mosque, with the petitioners claiming that the mosque is a part of the temple.

The court had reserved its judgment on December 8 after hearing the counsels of the petitioners and the respondent.

On Monday, the Archaeological Survey of India (ASI) submitted its scientific survey report of the mosque premises, after the Varanasi court ordered to check if the late-17th century mosque was built over a Hindu temple.

About the case

The report was submitted in a sealed document to a court of the district judge in Uttar Pradesh's Varanasi.

While the Hindu side objected to a sealed report, the Muslim side opposed a public report.

The Hindu plaintiffs claim that Mughal emperor Aurangzeb ordered the demolition of an ancient temple to make way for a mosque, which is adjacent to the iconic Kashi Vishwanath Temple.