Gyanvapi Shringar Gauri Case: Allahabad HC Affirms Suit Maintainability By Hindu Parties

The Allahabad High Court on Wednesday confirmed a Varanasi court order that deemed maintainable a suit filed by the Hindu parties seeking rights of worship inside the Gyanvapi Shringar Gauri Mosque.

The High Court issued its verdict, which was reserved since December 24 of the previous year. The High Court rejected the revision petition filed by the Committee of Management of Anjuman Intezamia Masjid against the district judge’s order.

On September 12, 2022, District Judge Dr. AK Vishvesha rejected the plea filed by the Muslim party, challenging the suit’s maintainability through an application under Order VII Rule 11 of the Code of Civil Procedure (CPC).

The dispute emerged when Hindu devotees approached the civil court, asserting their right to worship within the Gyanvapi Mosque premises, claiming it to be a Hindu temple that still houses Hindu deities.

The civil court ordered a survey of the Mosque conducted by an advocate commissioner. The survey was video-graphed, and the commissioner submitted a report to the civil court.

Subsequently, the Muslim parties filed an application under Order VII Rule 11 of the CPC, contesting the maintainability of the suit. They argued that the Places of Worship Act of 1991, enacted during the Ram Janmabhoomi movement, that aims to preserve the status of all religious structures as they existed on August 15, 1947. Section 4 of the Act stipulates that the religious character of a place of worship on August 15, 1947, should remain unchanged. It prohibits courts from entertaining cases concerning such places of worship and declares that the pending cases regarding such matters are nullified.

However, the trial court concurred with the main argument put forth by the plaintiffs, emphasizing that they didn’t seek to convert the place of worship from a mosque to a temple.