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Synopsis

The Allahabad High Court on Tuesday rejected the plea filed by Anjuman Intezamia Masjid Committee, Varanasi challenging the suits filed by Hindu worshippers and the deity in the Kashi Vishwanath Temple-Gyanvapi land title dispute.

The bench of Justice Rohit Ranjan Agarwal held that the suits are not barred by the Places of Worship (Special Provisions) Act, 1991.

Court also directed the lower court to expeditiously decide the suit in 6 months. It added that if the lower court deems a survey necessary for any part, it may instruct ASI to conduct it.

The single judge bench had reserved the present judgment on December 8.

Before Justice Agarwal, Chief Justice Pritinker Diwaker (now retired) was overseeing the proceedings who had decided to reexamine the matter that was originally pending before Justice Prakash Padia.

On July 25, Justice Prakash Padia had reserved the judgment in the five pleas, but it was later withdrawn from his purview by Chief Justice Diwaker on the administrative side. This decision led to the matter being reheard. The initial reservation of the judgment dates back to March 15, 2021, with subsequent postponements.

Chief Justice Diwaker (since retired), upon reviewing the situation, had identified jurisdictional impropriety and procedural aberration. He had noted that the matter continued to be listed before Justice Padia, even after he had ceased to have jurisdiction following the initial reservation of judgment, emphasizing the failure to deliver the judgment on the scheduled date of March 15, 2021.

Following Chief Justice Diwaker's retirement, Justice Agarwal took over the proceedings on December 1st and concluded them on December 8 by reserving his verdict after four hearings.

Background of the matter

Before the Varanasi local court, the Ancient Idol of Swayambhu Lord Vishweshwar and 5 others filed a suit in 1991 seeking removal of the Gyanvapi Mosque and restoration of the land to Hindus.

On April 8, 2021, Civil Judge Senior Division, Varanasi Civil Court allowed the Archeological Survey of India (ASI)  to conduct a comprehensive physical survey of the Gyanvapi mosque adjacent to Kashi Vishwanath Temple. Against this order, Anjuman Intezamiya Masajid Varanasi knocked on the high court's doors, which stayed the proceedings before the lower court including the ASI survey of Gyanvapi. 

The stay on the survey was extended from time to time by the high court.

A total of five petitions were being heard together by the high court pertaining to the dispute. 

Meanwhile, in another related matter, 5 Hindu worshippers filed a suit before the local court seeking right to worship Hindu deities already existing inside the Gyanvapi complex. 

In the matter, a Varanasi Local Court, on July 21, 2023 ordered an ASI survey of the entire Gyanvapi complex except for the Wazukhana area which is currently sealed in pursuance of the Top Court's order. The local court directed the ASI to conduct the survey without damaging any existing structure.

The survey was to be done to determine whether there was any Hindu temple in the past at the disputed site upon which the Gyanvapi mosque was built as a superstructure. 

Against the local court's order, the mosque management committee moved the Supreme Court, which stayed the ASI survey till July 26, 5:00 pm. This gave some breathing time to the mosque side to file an appeal/revision against the local court's order before the high court.

Finally, on August 3, 2023, the high court bench of Chief Justice Pritinker Diwaker gave a green signal to the ASI survey of the Gyanvapi premises. 

Case Title: Anjuman Intazamia Masazid Varanasi v. Ist A.D.J. Varanasi And Others and Connected Matters