The Anjuman Intezamia Masjid Committee, responsible for managing the mosque built on the disputed Gyanvapi-Kashi Vishwanath temple site, has approached the Supreme Court against the claims of Hindu worshippers. They argue that the suits filed by the Hindu side are an attempt to disturb communal peace and harmony, as well as breach the fraternity between the communities.
The Committee has filed a plea questioning the validity of the Allahabad High Court’s judgment dated December 19, 2023. The High Court had dismissed petitions challenging the maintainability of suits on the site, ruling that they were not barred under the Places of Worship Act and should be allowed to proceed. The petitioner is aggrieved by this order, which also found the suits claiming worshipping rights to be maintainable.
In their plea, the Committee argues that the 1991 Act was intended to foreclose any fresh controversies and debates, including those related to the Gyanvapi Mosque. They contend that the High Court’s interpretation allowing such controversies to arise goes against the Act’s purpose of maintaining communal harmony and peace.
The Committee also criticizes the High Court’s assertion that determining the “religious character” of a place would require adjudication based on evidence, stating that this is contrary to the intent of the 1991 Act. They argue that such disputes, if allowed to continue, would undermine the Act’s objectives and the constitutional values of secularism and fraternity.
Additionally, the Committee points out that the reliefs sought by the Hindu side, which could lead to entry into the mosque premises, relate to a dispute concerning waqf property. They argue that this should be barred under the Waqf Act, 1995.
Lastly, the Committee expresses concern about the possibility of another survey by the Archaeological Survey of India (ASI), which may include excavation, despite a previous ASI survey being limited by the Supreme Court to ensure non-invasive techniques are used.
