SC to decide on maintainability of Gyanvapi case under 1991 act

The Supreme Court on Friday highlighted the necessity of determining legal maintainability of a suit—in light of the Places of Worship Act, 1991—filed by a group of Hindu women seeking the right to worship Hindu deities within the Gyanvapi mosque complex.

- Utkarsh Anand

It also expressed reservations about transferring the trial of all related suits from civil courts in Varanasi to the Allahabad high court.

During brief proceedings, the court also sought a response from the Gyanvapi mosque management committee on an application filed by the Hindu side demanding an Archaeological Survey of India (ASI) examination of a sealed section in the mosque complex. The Hindu petitioners claim this section contains a "Shivling," while the mosque committee maintains it is part of a fountain in the ablution tank. This area has remained sealed under Supreme Court orders since May 2022.

Responding to a request made by the Hindu side for transferring 17 suits relating to the Gyanvapi matter to the Allahabad high court, a bench of Justices Surya Kant and Ujjal Bhuyan pointed out that the Varanasi district judge might be the appropriate forum for evidence collection and trial proceedings, with an appellate forum available to the parties for a review of factual and legal findings.