The Allahabad high court on Wednesday adjourned the hearing in the Kashi-Vishwanath temple-Gyanvapi mosque case of Varanasi till July 15.
The counsel representing the temple argued that if a historical wrong has been done in the past, the matter could be adjudicated by a court now.
Justice Prakash Padia was hearing a petition filed by the Anjuman Intezamia Masjid Committee that looks after the Gyanvapi mosque and other connected matters.
The original suit was filed in 1991 in the Varanasi district court, seeking restoration of the ancient temple at the site where the Gyanvapi mosque currently stands. A plea has been taken in the suit that the said mosque is a part of the temple.
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On April 8, 2021, the 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.
The petitioner (mosque committee) 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 Varanasi court.
{{/usCountry}}The petitioner (mosque committee) 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 Varanasi court.
{{/usCountry}}Besides, the counsel for the petitioner had taken the plea that the suit, by which the order of the civil judge (senior division), fast-track court (FTC) of Varanasi (dated April 8, 2021) is under challenge, is itself not maintainable under Section 4 of the Places of Worship (Special Provisions) Act, 1991, as it 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.
The high court on March 24, 2022 had directed to hear this case along with all connected matters on a regular basis until their conclusion.