Gyanvapi Mosque Committee Moves Supreme Court Against High Court's Decision That Suits Aren't Barred By Places Of Worship Act

A bench of Chief Justice DY Chandrachud, and Justices JB Pardiwala and Manoj Misra heard the special leave petition filed by Anjuman Intazamia Masazid Varanasi against this December 19 order of the high court. During the brief exchange today, the court directed the mosque committee's latest plea with the other special leave petitions on the issue.

Senior Advocate Huzefa Ahmadi, appearing for the mosque committee, submitted that the SLP which is listed today is in relation to the High Court's order holding the oldest suit (1991 suit) to be maintainable.  He said that there are other SLPs filed against the HC order relating to the subsequent suits (filed in 2021 and later seeking right to worship), which are not listed today.

Senior Advocate CS Vaidyanathan, appearing for the plaintiffs, submitted that the Supreme Court has earlier refused to interfere with the appointment of commissioner. The earlier petitions filed by the Anjuman Intezemia Masajid Committee Varanasi in relation to the suits are pending before the Top Cort. 

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. 

Background

In the impugned order, the high court 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 bar 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. 

The high court's observation came amidst arguments by the mosque committee citing the Din Mohammad case, claiming that the religious character was already settled. However, the court noted that the Din Mohammad case did not establish the religious character of the disputed site.

The High Court also allowed the Archaeological Survey of India (ASI) to proceed with the survey of the Gyanvapi complex. Later, the ASI report, which stated that there was a temple which existed at the site before the construction of the mosque, was published 

Recently, the trial court allowed the performance of pujas in the Vyas Tehkhana' (southern cellar of Gyanvapi Mosque). On February 26, the Allahabad High Court dismissed the mosque panel's plea to stay the trial court's order allowing the puja.