HC orders speedy trial in 32-yr-old Gyanvapi case, says places of worship act no bar

Prayagraj, Dec 19: The Allahabad High Court on Tuesday dismissed pleas challenging the maintainability of a 1991 suit seeking the “restoration” of a temple where the Gyanvapi mosque now stands in Varanasi, while observing that the “religious character” of a disputed place can only be decided by the court.
The court dismissed five related petitions — on maintainability and also against a survey of the mosque premises — filed over the years by the masjid management committee and the Uttar Pradesh Central Sunni Waqf Board.
The HC held that the suit filed before the district court is not barred by the Places of Worship (Special Provisions) Act, 1991 that forbids “conversion” of the “religious character” of a place from what existed on August 15, 1947.
In an important observation, Justice Rohit Ranjan Agarwal said the Act did not define “religious character” and this can only be determined through evidence presented in court by the opposing parties.
“Either the Gyanvapi compound has a Hindu religious character or a Muslim religious character. It can’t have dual character at the same time,” the judge said.
He ordered that the trial in this case of “vital national importance” should be concluded as soon as possible, preferably within six months.
“In the national interest, it is required that the suit must proceed expeditiously and be decided with utmost urgency with the cooperation of both the contesting parties without resorting to any dilatory tactics,” he said, cautioning against any “unnecessary adjournment” in the lower court.
The mosque management committee said it will meet Wednesday to decide the next course of action, indicating that it would appeal against the order. “We will fight the legal battle till our last breath,” committee’s joint secretary Syed Muhammad Yasin told PTI.
The 63-page order on the Gyanvapi mosque-Kashi Vishwanath temple issue follows other significant court rulings over the past months on temple-mosque disputes in Uttar Pradesh. (PTI)