Gyanvapi: HC orders speed trial, says Places of Religious Worship Act no bar

PRAYAGRAJ: The Allahabad High Court on Tuesday dismissed pleas challenging the maintainability of a 1991 suit seeking the “restoration” of a temple where the Gyanvapi mosque now exists in Varanasi, while observing that the “religious character” of a disputed place can only be decided by the court.

The High Court dismissed five connected petitions filed over the years by the mosque management committee and the Uttar Pradesh Central Sunni Waqf Board.

It held that the suit filed before the district court is not barred by the Places of Worship (Special Provisions) Act, 1991 that mandated that the “religious character” of a place cannot be changed from what existed on 15 August, 1947.

In an important observation, Justice Rohit Ranjan Agarwal said the Act did not define the term “religious character” and this can only be determined through evidence in court presented 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,” Justice Rohit Ranjan Agarwal said.

He ordered that the trial in the case which is of “vital national importance” should be concluded as soon as possible, preferably within six months.

The Supreme Court earlier gave its go-ahead for a survey of the Gyanvapi mosque premises by the Archaeological Survey of India and the High Court allowed a survey of the Shahi Idgah mosque that adjoins the Krishna Janmasthan temple in Mathura.

Hindu litigants say the two mosques were built after the demolition, or partial demolition, of temples and the surveys would thorough up evidence proving this.