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1940 Namaz Rights Decision Irrelevant in Gyanvapi Ownership Dispute : Allahabad HC

1940 Namaz Rights Decision Irrelevant in Gyanvapi Ownership Dispute : Allahabad HC

The Allahabad High Court has stated that the ruling made in 1940 regarding the permission to perform Namaz in Gyanvapi doesn't hold authority in the current ownership dispute.

During the hearing on Tuesday, the mosque side mentioned the Deen Mohammed case and said that the High Court had given the right to offer Namaz in Gyanvapi in 1940. On this the High Court said that that was a separate issue. That decision will not be binding in this case.

On Tuesday, the hearing of the maintainability of the declaratory civil suit filed in the Varanasi District Court regarding the ownership of Gyanvapi Swayambhu Vishveshwar Nath Temple in Varanasi started in the High Court. In this case, petitions have been filed by Sunni Central Waqf Board and Anjuman Intejamia Masjid Committee.

The Intejamia Masjid Committee told the court that in 1936, Deen Mohammad had filed a civil suit against the state government for offering namaz in the Gyanvapi Masjid. When relief was not given, a challenge was made in the High Court.

The High Court had given the right to offer Namaz in Gyanvapi in 1940. This decision given in Deen Mohammad case was read in the court.

The next hearing in the case will be held on December 7 at 10 am. Waqf Board's advocate Puneet Gupta said that an objection was filed on behalf of the petitioners under Order 7 Rule 11 under the Places of Worship Act 1991 on the maintainability of the case filed in the District Court of Varanasi in 1991.

The order to hear the issues instead of deciding the application was challenged. The High Court stayed the hearing of the case on March 17, 2020 and sought a response from the temple side. The decision was reserved after debate on both sides. Meanwhile, the Varanasi court ordered a survey on a petition. This has also been challenged by filing a petition in the High Court.

The High Court has put a stay on the order to conduct the survey. Meanwhile, on the orders of the subordinate court, a court commissioner was sent. During this time the alleged Shivalinga was discovered. The Supreme Court has seized the said site. After no interference from the High Court and the Supreme Court on the report of the Court Commissioner, a scientific survey is being conducted. The survey has become meaningless.

Senior advocate SFA Naqvi, on behalf of Masajid Committee Intejamia Masajid Committee, said, Rakhi Singh and four other women filed a civil suit in 2021 regarding the worship rights of Shringar Gauri Ganesh Hanuman Temple and all the visible and invisible deities located in the Gyanvapi complex. Objections were also raised on its nutritional value. This was rejected by the subordinate court.

This order was upheld by the High Court. A petition against this is pending in the Supreme Court. He said that the 2021 and 1991 cases relate to the same property. If the suit is accepted then Gyanvapi Masjid will be removed, which will be against the Places of Worship Act.

The Allahabad High Court had given the right to offer Namaz in the Gyanvapi complex to the Muslim side in the year 1940 on the petition of Deen Mohammad.

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