The Gyanvapi Mosque has attracted not one but innumerable legal disputes since the year 1991. Let us closely understand the Gyanvapi Mosque case.
What is the case of Gyanvapi Mosque?
It was in the year 1991 that the devotees of Kashi Vishwanath temple filed a case alleging that the Gyanvapi mosque was built after the destruction of a temple of Lord Vishweshwar on the orders of the Mughal emperor, Aurangzeb. The Allahabad High Court has stayed proceedings in the case since 1991.
However, in the year 2021, five Shiva devotees filed another lawsuit before the senior civil judge of Varanasi. Through the case, the women sought to “restore the performance of rituals at the main headquarters of an ancient temple” in the Gyanvapi Mosque region.
After several orders were passed by the Varanasi civil court and the Allahabad High Court, the matter reached the Supreme Court on petitions from both the Mosque Committee (Anjuman Intezamia Masjid Varanasi) and Hindu devotees and others.
The Varanasi court had originally ordered an inspection of the premises at the request of the five Hindu women who sought full access for one year to worship at a Hindu shrine located behind the western wall of the Gyanvapo mosque complex in Varanasi. Currently, the place is open for prayers once a year.
On the other hand, Anjuman Intezami Mosque, Varanasi, had been seeking permission from the high court that its application under Order 7, Rule 11, should be heard by the civil judge before proceeding with the case, including hearing of the Commission’s conclusions.
Anjuman Intezamia Mosque Varanasi also submitted that the present case is not maintainable under the Places of Worship Act, 1991. Anjuman Intezamia Mosque Varanasi also submits that in case a certain law is valid, the case should be dismissed .
In his response, the appellant said that to address the cause of action of the complaint, it is important that the Commission’s reports be read first.
Lawsuits and counterclaims have piled up and led to a deadlock in the Gyanvapi Mosque case.
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Supreme Court Actions
To get the case out of the swamp, on May 20, 2022, the Supreme Court ordered that the application filed by the Anjuman Intezamia Mosque Management Committee under Order 7 Rule 11 CPC for rejection of the case as prescribed by law, will be taken into account as a matter of priority by the District Judge.
Now the ball is in the Varanasi district magistrate’s court and the question is whether the Gyanvapi premises hide a “stab wound” leading to a “cause of action”. The question is also whether the Court can take cognizance of the matter having regard to the Places of Worship Act 1991.
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Source: ptivs2.edu.vn