What is the Gyanvapi mosque case? Let's understand.

The Gyanvapi Mosque has attracted not one but a myriad of legal disputes ever since the year 1991. Let us understand the Gyanvapi mosque case closely.

What is the Gyanvapi Mosque case?

It was in the year 1991 when the Kashi Vishwanath temple devotees filed a case which alleged that the Gyanvapi Mosque was constructed post the destruction of a Lord Vishweshwar temple on the commands of the Mughal Emperor, Aurangzeb. The proceedings of the case have been stayed by the Allahabad High Court since the year 1991.

However, in the year 2021, another suit had been filed by five female Shiva devotees before the civil senior judge, Varanasi. Through the case, the women sought "restoration of performance of rituals at the principal seat of an ancient temple" at the Gyanvapi Mosque region.

After the Varanasi civil court and the Allahabad High Court passed several orders, the matter reached the Supreme Court on pleas by both the Mosque Committee (Anjuman Intezamia Masjid Varanasi) and the Hindu devotees, and others.

An inspection of the premises had been originally ordered by the Varanasi court on the petitions of the five Hindu women who sought complete year-long access to worship at a Hindu shrine situated behind the Gyanvapo Mosque complex's western wall in Varanasi. Currently, the place is open for prayers once a year.

On the other hand, the Anjuman Intezami Mosque, Varanasi had been seeking leave of the apex court that its application under Order 7 Rule 11 ought to be heard by the civil judge prior to proceeding with the case, including hearing the findings by the Commission.

The Anjuman Intezamia Mosque Varanasi also alleged that the present case is not maintainable under the Places of Worship Act of 1991. The Anjuman Intezamia Mosque Varanasi also claims that in case a certain law holds the field, the case must be dismissed.

In its response, the appellant said that in order to address the cause of the action of the suit, it is important that the reports of the Commission must be read first.

The claims and counter-claims have piled up and led to a deadlock in the Gyanvapi Mosque case.

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Actions by the Supreme Court

In order to move the case out of the swamp, on May 20, 2022, the Supreme Court commanded that the application presented by the Committee of Management Anjuman Intezamia Mosque under Order 7 Rule 11 CPC for the rejection of the case as being barred in law, shall be taken into account on priority by the District Judge. 

Now the ball is in the court of the District Judge, Varanasi and the question is if the Gyanvapi premises does conceal a "shiv ling" leading to a "cause of action". The question is also if the Court can hear the matter on account of the Places of Worship Act of 1991.

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