In a significant development, the Allahabad High Court has dismissed all petitions filed by the Muslim side challenging the Hindus’ plea for worship rights at the Gyanvapi mosque in Varanasi.
The Sunni Central Waqf Board and Anjuman Intezamia Masjid Committee had submitted petitions concerning ownership disputes between the Gyanvapi Mosque and Kashi Vishwanath Temple. The High Court ruled against two petitions questioning the 1991 civil suit and three challenging the 2021 Archaeological Survey of India (ASI) survey order.
Justice Rohit Ranjan Aggarwal, presiding over a single-judge bench, directed the Varanasi District Court to conclude the hearing on the matter within six months. The High Court stated that if necessary, a repeat survey could be conducted, and the report submitted to the Varanasi District Court.
The Muslim side contested the civil suit’s validity, arguing that it was barred under the 1991 Places of Worship Act. Meanwhile, the Hindu side, in their civil suit, claimed that the Gyanvapi mosque is an integral part of the Kashi Vishwanath Temple.
During Tuesday’s hearing, the High Court ruled that the 1991 civil suit is maintainable and not prohibited by the 1991 Act, which aims to preserve the religious character of places of worship as it existed at the time of independence.
Justice Aggarwal had reserved the verdict on December 8 after hearing arguments from both petitioners and the respondent.
The verdict comes on the heels of the Archaeological Survey of India (ASI) submitting its scientific survey report on the mosque complex to the Varanasi District Court on December 20. The report will be shared with the involved parties on December 21, and a copy will be sent to the Supreme Court.
The ASI’s survey aimed to determine whether the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple. This survey was initiated following the Allahabad High Court’s endorsement of the Varanasi District Court’s order, considering it “necessary in the interest of justice” for both Hindu and Muslim parties involved in the land dispute.
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