Gyanvapi case: Suit filed in Varanasi court barred by law, claims counsel

PRAYAGRAJ: As the hearing of Gyanvapi case resumed in the Allahabad high court on Tuesday, the counsel for Gyanvapi mosque argued that in view of the provisions of section 4 of the Places of Worship (Special Provisions) Act, 1991, the suit filed in Varanasi court is barred by law as this provision bars filing of suit or any other legal proceedings with respect to conversion of religious character of any place of worship existing on August 15, 1947.
Hence, no claim can be made regarding a religious place which existed on August 15, 1947. As per the Act of 1991, no relief can be sought for changing the status of any religious place as it existed on August 15, 1947, contended the petitioner's counsel.
Naqvi further contended that if an application raising objection about the maintainability of any suit has been filed at any stage, then the same must be decided first by the lower court and thereafter the suit be proceeded.
Hearing a petition filed by Anjuman Intazamia Masajid (AIM) of Varanasi, Justice Prakash Padia, after hearing the counsel appearing for the petitioner adjourned the hearing till August 3.
As per facts of the case, the original suit was filed in the Varanasi district court in 1991, seeking restoration of an ancient temple at the site where the Gyanvapi mosque currently stands.
Subsequently, on April 8, 2021, the Varanasi court of civil judge (senior division) had ordered a five-member committee comprising two Hindu, two Muslim members and an archaeological expert, to oversee a 'comprehensive physical survey' of the Gyanvapi mosque complex.
Aggrieved over the order, the petitioners challenged the order passed by the Varanasi court in the high court, saying it was illegal and without jurisdiction, as the high court had reserved its judgment on the maintainability of the suit pending in the Varanasi court.
Subsequently, the high court had on September 9, 2021 stayed the order of Varanasi court dated April 8, 2021, by which a direction was issued to ASI for survey of Gyanvapi mosque complex. On Tuesday, this interim stay order was extended by the court till August 31.