New Delhi: The Anjuman Intazamia Masazid, Varanasi moved the Supreme Court on Friday challenging an Allahabad High Court order which had upheld the Varanasi civil court order that the batch of petitions filed for restoration of temple at the Gyanvapi Mosque does not come under the ambit of 'Places of Worship Act,' 1991.
This suit, filed in 1991 by Hindu worshippers in the Varanasi civil court on behalf of deities, seeks the right to worship in the Gyanvapi mosque and the restoration of the temple at the disputed site.
A bench of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra after hearing the special leave petition filed by Anjuman Intazamia Masazid Varanasi against the December 19 order of the high court clubbed the mosque committee's latest plea with the other special leave petitions pending on the same issue.
Senior Advocate Huzefa Ahmadi, appearing for the mosque committee, clarified that the petition filed today concerns the High Court's order holding the oldest suit (1991 suit). He said that there are other SLPs filed against the HC order relating to the subsequent suits (filed in 2021 and later seeking the right to worship), which are not listed today.
Senior Advocate CS Vaidyanathan, appearing for the Hindu parties contended that the Supreme Court had earlier refused to interfere with the appointment of commissioner. The earlier petitions filed by the Anjuman Intezemia Masajid Committee Varanasi concerning the suits are pending before the Top Court. The bench decided to tag the present matter with the connected matters.
Solicitor General Tushar Mehta appeared for the State and Senior Advocate Harish Salve appeared for two of the private respondents respectively.
The high court in its order had said, that the Places of Worship (Special Provisions) Act 1991, which prohibits the conversion of religious structures from their status as of independence, does not apply to the ongoing civil suits regarding the Gyanvapi dispute. The religious character of the complex, as it existed on August 15, 1947, is to be determined by the Varanasi civil court, the high court clarified.
The trial court is currently hearing a suit relating to the ownership, religious character, and worshipping rights at the Gyanvapi Mosque which is abutting the famous Kashi Vishvanath Temple at Varanasi.
The high court's observation came amidst arguments by the mosque committee citing the Din Mohammad case, which they say that the religious character was already settled through this case.
The High Court, however, noted that the Din Mohammad case did not establish the religious character of the disputed site.
It had also allowed the Archaeological Survey of India (ASI) to proceed with the survey of the Gyanvapi complex. The ASI report stated that there was a temple that existed at the site before the construction of the mosque. The trial court had allowed the performance of pujas at the Vyas Tehkhana' (southern cellar of Gyanvapi Mosque) which is said to be private property and was closed for unknown reasons after the row started in the Ram Janam Bhoomi case.
On February 26, the Allahabad High Court dismissed the mosque panel's plea to stay the trial court's order allowing the puja.