Allahabad HC rejects Gyanvapi mosque management’s plea challenging maintainability of civil suit | Allahabad News

PRAYAGRAJ: The Allahabad high court on Tuesday rejected the bunch of petitions filed by Gyanvapi mosque management and Sunni Waqf Board challenging the maintainability of 1991 civil suit filed by Hindu side and other related pleas on grounds that such a suit was barred by Places of Worship Act 1991.
The court observed that the petitions mentioned including the Varanasi court’s Archeological Survey of India (ASI) order of 2021 are not barred by the Places of Worship Act.The Court ruled that the petition of the Hindu side was hence maintainable.
The Anjuman Intezamia Masajid (AIM) – the mosque Gyanvapi mosque management – and others had challenged the maintainability of the civil suit pending before a Varanasi court seeking restoration of a temple at the site where the Gyanvapi mosque exists.
In the petition, a Varanasi court’s direction dated April 8, 2021 for conducting a comprehensive survey of the Gyanvapi mosque by advocate commission was also challenged.
Earlier, on December 8, Justice Rohit Ranjan Agarwal had reserved judgment after hearing the counsel from both sides – petitioners – AIM, which manages Gyanvapi mosque and UP Sunni Central Waqf Board and respondent – the Hindu side.
The AIM has challenged the maintainability of a suit filed before a Varanasi court in which the Hindu side had sought restoration of a temple at the site where the Gyanvapi mosque exists. They claim that the mosque has been built on an ancient Shiva temple.
However, the AIM maintained that the suit is untenable according to the Places of Worship Act (Special Provisions) Act of 1991, which prohibits conversion of a religious structure from its nature as it stood on the date of independence i.e. August 15, 1947.

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