The Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court on Friday said if a suit filed for a right to worship at Varanasi's Gyanvapi mosque is barred under the Place of Worship Act, 1991, then it would depend on character and status of the structure as on August 15, 1947, the cut off date fixed under the statute.
Responding to a contention that the ongoing suit is barred under the 1991 law, a bench led by Chief Justice of India D Y Chandrachud said, "The Act says you can't alter or convert nature of place. They're not seeking conversion of the place. The question is what is the status of place as on August 15, 1947."
The bench referred to the plea by the plaintiff which was about their right to pray at the site.
Senior advocate Huzefa Ahmadi once again cited the 1991 law, which was enacted to freeze the status of religious places of worship as they existed on August 15, 1947.
"You are saying that the relief they claim is directly in the teeth of Places of Worship Act. Now the question whether it is barred by the Act would depend upon character of the religious place as on August 15, 1947," the bench also comprising Justices J B Pardiwala and Manoj Misra told Ahmadi, representing the Muslim side.
The counsel, for his part, said it is ex facie barred because the plaint itself states it is a Masjid.
Senior advocate Madhavi Divan, appearing for a group of Hindu women, denied the contention.
The court posted the matter for consideration on Monday.
The Anjuman Intezamia Masjid Varanasi had questioned the maintainability of the suit as well as subsequent orders passed for undertaking a scientific survey by the Archaeological Survey of India at the Gyanvapi complex.
A structure claimed by the Hindu litigants to be a "Shivling" at 'Wazukhana' (ablution area) was found during the court appointed commissioner's survey in May, 2022. The Muslim side, however, described it as fountain.
The Hindu side claimed Kashi Vishwanath temple at Varanasi, one of the twelve Jyotirlingas, was first destroyed by the army of Qutb-ud-din Aibak, in 1194 CE. In 1669 CE, Aurangzeb again destroyed the temple and built the Gyanvapi Mosque in its place. The remains of the erstwhile Temple can be seen in the foundation, the columns and at the rear part of the mosque, they claimed.