‘Existence of temple on disputed site quoted in historical/religious books’

Prayagraj: In a petition relating to the suit seeking regular worship of Shringar Gauri and other deities in Varanasi’s Gyanvapi mosque compound, arguments were advanced on behalf of the Hindu side on Tuesday that “existence of temple on the disputed site is quoted in various historical/religious books” and also the fact that “Gyanvapi mosque was built after demolishing the temple”.
“Such books can be accepted as a piece of evidence under the Indian Evidence Act. Therefore, the court must accept such books as a piece of evidence while adjudicating the case,” argued Hari Shankar Jain, while appearing for the respondent - Hindu side.
After conclusion of Tuesday’s arguments, the Allahabad high court will continue to hear on Wednesday (December 7) a civil revision petition filed by Anjuman Intezamia Masajid (AIM), the Gyanvapi mosque management committee — that has challenged a Varanasi court order turning down its objections to the maintainability of the suit filed by five Hindu women who have sought permission to regularly worship Shringar Gauri and other deities in Varanasi’s Gyanvapi mosque compound.
As per the date fixed, the hearing of the case was resumed on Tuesday. However, after a brief hearing, Justice JJ Munir directed to put up this case on December 7 for further hearing.
District judge Varanasi had on September 12 dismissed the plea of AIM filed under Order 7 Rule 11 of Civil Procedure Code (CPC), challenging the maintainability of the suit filed by the five Hindu plaintiffs.
While rejecting the AIM’s plea, district judge Varanasi had observed that the suit of the plaintiffs (five Hindu women) is not barred by the Places of Worship (Special Provisions) Act, 1991, The Waqf Act 1995, and the UP Shri Kashi Vishwanath Temple Act, 1983 as was being claimed by the AIM.
The present revision petition has been filed by AIM before the high court, challenging the September 12 order on the ground that the suit before the court below is barred under the Places of Worship Act, 1991, which provides that no suit can be filed seeking conversion of any religious place as existed on August 15, 1947.
The Places of Worship Act, 1991 bars change in character of religious places after independence, even by means of court proceedings.