Beyond Gyanvapi, Mathura & Sambhal : A Look At Cases Pending Against Masjids/Dargahs

Legal disputes over religious places of worship deepen communal polarization, as shown by the recent survey order against a 16th-century mosque in Sambhal, which triggered violence killing four persons.Even so, almost a dozen of such cases are pending before different courts in India, disputing the character of religious places, despite the protection offered by the Places of Worship (Special Provisions) Act, 1991.Let's look at these cases in detail.(1) Teele Wali Masjid, Lucknow, UPIn 2013, a civil suit was filed before a Lucknow court (UP) raising claims over the site of Teele Wali Masjid and seeking a survey. It was alleged that the Teele Wali Masjid was constructed during the reign of Mughal Ruler Aurangzeb by demolishing a Hindu religious structure existing at Laxman Teela.In 2017, Civil Judge (Senior Division) Lucknow held the suit to be maintainable, turning down an application filed by the Masjid management to reject the plaint under O7 R11 CPC. Thereafter, the revision plea filed against the order was dismissed by the Additional District Judge's court. Challenging both these orders, the Masjid Side moved the Allahabad High Court, which sought replies from the opposite parties in April 2023.The same year, another suit was filed seeking an injunction prohibiting the Muslim community from interfering in the performance of darshan/rituals within the Teele Wali Masjid premises. The Mosque side challenged the maintainability of the suit, by asserting that it was barred under the provisions of the Places of Worship Act, 1991 and the Waqf Act, 1995. However, in September 2023, the concerned civil judge rejected the challenge to maintainability.Although the Masjid management preferred a revision petition, the same was also dismissed in February 2024.(2) Quwwat-ul-Islam Mosque, Qutub Minar, DelhiIn 2020, a suit was filed before a Delhi court, on behalf of a Jain deity, claiming that the Quwwat ul-Islam Masjid situated within the Qutub Minar Complex in Mehrauli was erected using the ruins of 27 temples. The specific allegation was that around 27 Hindu and Jain temples were destroyed in 1198 under the rule of Mughal Emperor Qutub-Din-Aibak to construct the existing mosque.The prayers were opposed by ASI, saying that Qutub Minar was not a place of worship and that the existing status of the “centrally-protected” monument could not be altered. It was further ASI's claim that revival of worship was not allowed if it was not practised when the monument was conferred protection. Ultimately, the civil court noted that the suit was barred by the provisions of the Places of Worship Act and rejected the plaint under O7 R11 CPC. The court remarked that wrongs of the past could not be a basis for disturbing present peace, and added that every endeavour should be made to enforce the objective of the Places of Worship Act, the purpose of which is to maintain the secular character of the nation.The civil court order was challenged before an Additional District Judge and the matter is pending. The next hearing is scheduled on December 12.(3) Gyanvapi Mosque, Varanasi, UPIn 1991, a suit was filed by devotees of the Kashi Vishwanath temple (near which the Gyanvapi Mosque is situated), alleging that the Mosque was built after the Lord Vishweshwar temple was destroyed by Mughal emperor Aurangzeb. The suit proceedings however remained stayed.In 2021, another suit was filed by female devotees seeking the right to worship certain deities claimed to be found in the mosque daily. The case witnessed a major turn in May 2022, when an Advocate Commissioner claimed that a 'shivlinga' was found in the wuzukhana area of the mosque. The Varanasi trial court directed the sealing of the place/area where 'shivlinga' was reportedly found. The Supreme Court clarified that the Varanasi court order would not restrict Muslims' right to access the mosque to offer namaz and perform religious observances. The Supreme Court also transferred the suits to the Varanasi District Court.In September 2022, the Varanasi court dismissed the mosque management's plea to reject the suit as barred by the Places of Worship Act. In May 2023, the Allahabad High Court upheld the Varanasi court order. In December 2023, the maintainability of certain other suits was upheld by the HC.In July 2023, the Varanasi court directed ASI to conduct a “scientific survey” of the Gyanvapi mosque premises except for the area that was sealed (wuzukhana) . On August 4, the Supreme Court refused to stop the ASI from carrying out survey through non-invasive methods.In January 2024, the Varanasi court allowed the performance of Hindu rituals inside one of the sealed cellars/basement/tehkhana (vyas ji ka tehkhana) of the Gyanvapi complex. A challenge to this order was dismissed by the Allahabad High Court. In April 2024, the Supreme Court ordered status quo on the performance of namaz in the mosque and Hindu rituals in the tehkhana (cellar).In a recent Supreme Court hearing, the...

Beyond Gyanvapi, Mathura & Sambhal : A Look At Cases Pending Against Masjids/Dargahs

Debby Jain

Tags