Gyanvapi Mosque Row: Allahabad HC Rejects Muslim Side’s Plea; Case To Continue In Varanasi Court

In its order, the Allahabad High Court said the five Hindu women’s plea seeking the right to worship inside Gyanvapi mosque is maintainable

NEW DELHI: In a major development, the Allahabad High Court on Wednesday dismissed the Muslim side's plea challenging the maintainability of five Hindu women worshippers' suit filed in the Varanasi Court seeking the right to worship inside the Gyanvapi mosque in the holy city. The order was passed by a single-judge bench of Justice JJ Munir. The Allahabad High Court, after hearing the arguments, had reserved its decision on December 23, 2022. 

The Allahabad High Court's decision implies that the case related to the Gyanvapi Mosque will continue to be heard by the local Varanasi court. The Anjuman Intezamia Masjid (AIM) Committee and the Uttar Pradesh Sunni Waqf Board had petitioned the high court to dismiss the five Hindu women worshippers' suit, arguing that it is not maintainable under the Places of Worship Act of 1991 and the Central Waqf Act of 1995. 

They had challenged the decision of the District Judge of Varanasi, who had previously dismissed their objection to the suit. The civil suit in question was filed by Rakhi Singh and nine others, including five women, in the Varanasi court. They were seeking the regular worship of Shringar Gauri in the Gyanvapi mosque, a proposition that has led to significant controversy. 

On the orders of the Supreme Court, the hearing of this case was going on in the court of the District Judge of Varanasi. The case was transferred to the district judge's court in May last year. The Muslim side filed an objection in the court and appealed to dismiss the petition of women including Rakhi Singh.

Reacting to the Allahabad High Court verdict, Vishnu Shankar Jain, the counsel for the Hindu side, called it a "historic" verdict. "The court clearly has said that Anjuman Intezamia Mosque Committee's petition is not maintainable and dismissed it," he said while speaking to news agency ANI. 

Subhash Nandan Chaturvedi, another lawyer representing the Hindu side called it a "big win" and welcomed the court's decision. 

"It is a big win for the Hindu side. We welcome the decision of the court to dismiss Order 7 Rule CPC plea filed by Anjuman Intazamia Mosque Committee which challenged the maintainability of the suit of five Hindu women worshippers seeking the right to worship inside Gyanvapi mosque," he said.

This dispute has been in the courts since April 2021, when the Varanasi court directed the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the mosque complex.