Agency (New Delhi):
The Allahabad High Court, in a significant ruling on December 19, 2023, rejected several petitions that questioned the legitimacy of a 1991 lawsuit concerning the Gyanvapi mosque site in Varanasi. This verdict propels the case towards a faster resolution, focusing on the site where a temple is believed to have stood before the mosque.
Justice Rohit Ranjan Agarwal, presiding over the case, clarified that the Places of Worship (Special Provisions) Act of 1991, which prohibits altering the religious nature of a site as it was on August 15, 1947, does not apply to this lawsuit. This Act does not define ‘religious character,’ leaving it to the courts to determine based on evidence presented.
The judge emphasized the national significance of the case, involving two major religious communities in India. He instructed that the trial be expedited, preferably concluding within six months, to avoid unnecessary delays and in the interest of national harmony.
The management committee of the Gyanvapi mosque expressed their intention to appeal this decision, with Syed Muhammad Yasin, the committee’s joint secretary, affirming their commitment to continue the legal fight.
This ruling is part of a series of recent court decisions regarding temple-mosque disputes in Uttar Pradesh. The Supreme Court had previously authorized an Archaeological Survey of India (ASI) inspection of the mosque premises, and a similar survey was permitted for the Shahi Idgah mosque in Mathura, adjacent to the Krishna Janmasthan temple. These surveys aim to uncover evidence of historical temple demolitions.
The High Court’s decision to expedite the trial echoes the importance of resolving this dispute swiftly. The case, initially filed by individuals seeking the right to worship at the Gyanvapi mosque site near the Kashi Vishwanath temple, has been a point of contention between Hindu and Muslim litigants.
The Gyanvapi controversy stands apart from other religious site disputes, as the Places of Worship Act explicitly exempted only the Ram Janmabhoomi-Babri Masjid case. This landmark case concluded with the Supreme Court’s verdict four years ago, leading to the near completion of the Ram temple in Ayodhya.
The High Court’s decision, reserved since December 8, brings a new urgency to this long-standing dispute, underscoring the need for a judicious yet prompt resolution that considers the complex historical and religious dynamics at play.