[Gyanvapi-Kashi Vishwanath] Hindu parties claiming right to worship, not declaration over land: Varanasi Court

The Varanasi District Court on Monday held that a suit filed by Hindu parties seeking worship rights inside the Gyanvapi Mosque was not barred under the Places of Worship (Special Provisions) Act, 1991 [Smt. Rakhi Singh v State of UP]..District Judge Dr AK Vishvesha dismissed the plea filed by the Muslim party, Committee of Management of Anjuman Intezamia Masjid, contesting the maintainability of the suit, while noting that the plaintiffs only sought a right to worship, not a declaration over the land."They want to worship Maa Sringar Gauri and other visible and invisible deities with the contention that they worshipped there till the year 1993 and the plaintiffs are not claiming ownership over the disputed property,” the order reads..The court agreed with the main argument advanced by the plaintiffs that they had not sought conversion of the place of worship from a Mosque to Temple.It was submitted that the demand was limited to a right to worship Maa Sringar Gauri and other visible and invisible deities, which were being worshipped incessantly till 1993, and only once a year after that.“Therefore, the Places of Worship (Special Provisions) Act, 1991 does not operate as the bar on the suit of plaintiffs. The suit of the plaintiffs is limited and confined to the right of worship as a civil right and fundamental right as well as customary and religious right. I agree with the learned counsel for the plaintiffs.”.Further, it was held that the suit was not barred by The Waqf Act since the plaintiffs were not Muslims and were strangers to the alleged Waqf created at the disputed property.Finally, it was concluded that there was no bar under the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983 regarding a suit claiming right to worship idols installed in the endowment within or outside the premises of the temple..The Muslim parties had filed the application under Order VII Rule 11 of the Code of Civil Procedure (CPC) challenging the maintainability of the suit on ground that the Places of Worship Act of 1991, which was introduced at the height of the Ram Janmabhoomi movement, seeks to protect the status of all religious structures as it stood on August 15, 1947.Section 4 of the Act states that the religious character of a place of worship existing on August 15, 1947 shall continue to be the same as it existed on that day.It bars courts from entertaining cases regarding such places of worship. The provision further states that such cases already pending in courts would stand abated..The case arose after Hindu devotees approached the civil court claiming the right to worship inside the premises of the Gyanvapi Mosque, on the ground that it was a Hindu temple and still houses Hindu deities.The civil court ordered a survey of the Mosque by an advocate commissioner. The advocate commissioner then conducted the videographed survey and submitted a report to the civil court.The suit before the civil court was, however, transferred to the District Judge by the Supreme Court on May 20 in view of the sensitivity of the issue involved..[Read Order]