The Gyanvapi Mosque has attracted not one but countless legal disputes since 1991. Let’s take a closer look at the case of the Gyanvapi Mosque.
What is the case of Gyanvapi Mosque?
It was in 1991 that devotees of Kashi Vishwanath Temple filed a lawsuit alleging that the Gyanvapi Mosque was built after the Lord Vishweshwar temple was destroyed by order of the Mughal emperor, Aurangzeb. Allahabad High Court has upheld proceedings in this case since 1991.
However, in 2021, five followers of Shiva filed another lawsuit with the Supreme Civil Judge, Varanasi. Through this case, the women sought to “restore the performance of the ritual at the headquarters of the ancient temple” in the area of the Gyanvapi Mosque.
After the Varanasi Civil Court and Allahabad High Court passed several orders, the matter was brought to the High Court on the petition of the Mosque Committee (Anjuman Intezamia Masjid Varanasi) and Hindu devotees and others.
The inspection of the facility was initially ordered by a court in Varanasi at the request of five Hindu women who sought year-round access to worship at the Hindu temple located behind the west wall of the Gyanvapo mosque complex in Varanasi. Currently, this place is open for prayer once a year.
On the other hand, the Anjuman Intezami Mosque in Varanasi has requested the Supreme Court’s permission that their application under Order 7, Rule 11 must be heard by a civil judge before proceeding with the case, including hearing the Commission’s conclusions.
The Anjuman Intezamia Varanasi Mosque also filed that the case could not be upheld under the Places of Worship Act, 1991. The Anjuman Intezamia Varanasi Mosque also argued that the case must be dismissed in cases where the specific law has jurisdiction over the area.
In his response, the appellant stated that in order to resolve the cause of action, it was important to first read the Commission’s reports.
Lawsuits and counterclaims piled up and led to a deadlock in the Gyanvapi Mosque case.
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Proceedings of the Supreme Court
In order to get the case out of the quagmire, the Supreme Court on May 20, 2022 ordered that the application filed by the Anjuman Intezamia Mosque Management Committee under Order 7 Rule 11 of the CPC regarding dismissal of the case due to the prohibition of law be given priority consideration by the District Judge.
Now the ball is in the court of the Varanasi District Judge and the question is whether Gyanvapi’s premises contain a “scab” that leads to a “cause of action”. The question is whether the Court can hear the case under the Places of Worship Act 1991.
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Source: HIS Education