PRAYAGRAJ: Hearing a case relating to Gyanvapi mosque, the Allahabad high court on Tuesday directed UP’s additional chief secretary (home) to file his personal reply on behalf of the state government in the matter within 10 days.
Besides, the court, while emphasizing that it is a matter of national importance, directed the director general, Archaeological Survey of India (ASI), New Delhi, to file his personal reply in the matter on behalf of the Central government within the same period.
The court passed this order after noting that no one was present before the court on behalf of the Central government when the case was taken up and the short counter-affidavit filed by it was also very sketchy.
Hearing the case filed by Anjuman Intezamia Masajid — the Gyanvapi mosque management committee — of Varanasi and others, Justice Prakash Padia fixed September 12 as the next date of hearing.
The petitioners have challenged the maintainability of the original suit filed in 1991 in the Varanasi district court seeking restoration of the ancient temple at the site where the Gyanvapi mosque currently stands. In the suit, the plea was taken that the said mosque was a part of the temple.
On Tuesday, Ajay Kumar Singh, the counsel appearing for the plaintiff, argued that the provisions of the Places of Worship (Special Provisions) Act, 1991 would not be applicable in this case.
He argued that from the reading of Section 3, it is clear that it relates to the prohibition of conversion of a place of worship and from perusal of the plaint, the plaintiff did not seek conversion of the place. "It is argued that the religious character of the place in dispute is a temple which has existed since ancient times till today. Therefore, for better adjudication, the provisions of civil procedure code be applied here," the counsel argued.
The Places of Worship (Special Provisions) Act, 1991 bars filing of suit or any other legal proceedings with respect to conversion of religious character of any place of worship existing on August 15, 1947. As per the Act of 1991, no relief can be sought for changing the status of any religious place as it existed on August 15, 1947.
As per facts of the case, the original suit was filed in the Varanasi district court in 1991, seeking restoration of an ancient temple at the site where the Gyanvapi mosque currently stands.
Subsequently, on April 8, 2021, the Varanasi court of civil judge (senior division) had ordered a five-member committee comprising two Hindu, two Muslim members and an archaeological expert, to oversee a ‘comprehensive physical survey’ of the Gyanvapi mosque complex.
Aggrieved over the order, the petitioners challenged the order passed by the Varanasi court in the high court, saying it was illegal and without jurisdiction, as the high court had reserved its judgment on the maintainability of the suit pending in the Varanasi court.
Subsequently, the high court had on September 9, 2021 stayed the order of Varanasi court dated April 8, 2021, by which a direction was issued to the Archaeological Survey of India (ASI) for survey of Gyanvapi mosque complex.
On Tuesday, this interim stay order was extended by the court till September 30, 2022.
