The Allahabad High Court on Tuesday dismissed pleas challenging the maintainability of a 1991 suit seeking the “restoration” of a temple at the site where the Gyanvapi mosque now stands in Varanasi. The court observed that the “religious character” of a disputed place can only be determined by the court.

The high court dismissed five connected petitions filed over the years by the mosque management committee and the Uttar Pradesh Central Sunni Waqf Board. It held that the suit filed before the district court is not barred by the Places of Worship (Special Provisions) Act, 1991, which mandates that the “religious character” of a place cannot be changed from what existed on August 15, 1947.

In a significant observation, Justice Rohit Ranjan Agarwal pointed out that the Act did not provide a definition for the term “religious character.” He emphasised that this determination could only be made through evidence presented in court by the opposing parties.

“Either the Gyanvapi compound has a Hindu religious character or a Muslim religious character. It can’t have dual character at the same time,” stated Justice Rohit Ranjan Agarwal.

He ordered that the trial in this case, which holds “vital national importance,” should be concluded as soon as possible, preferably within six months.

“In the national interest, it is necessary for the suit to proceed expeditiously and be decided with utmost urgency, with the cooperation of both contesting parties and without resorting to any dilatory tactics,” he said.

The order on the Gyanvapi mosque-Kashi Vishwanath temple issue follows other significant court rulings on temple-mosque disputes in Uttar Pradesh over the past few months.

The Supreme Court previously granted approval for a survey of the Gyanvapi mosque premises by the Archaeological Survey of India, and the high court allowed a survey of the Shahi Idgah mosque adjoining the Krishna Janmasthan temple in Mathura.

Hindu litigants argue that the two mosques were constructed after the demolition or partial demolition of temples, and the surveys are expected to reveal evidence supporting this claim.

The high court acknowledged the Archaeological Survey of India (ASI) survey conducted at the Gyanvapi masjid, following directions by the trial court, which is hearing the petition of a group of women seeking regular access to Hindu deities depicted on the mosque’s rear wall.

If necessary, the lower court may direct ASI for a further survey, the judge added.

“The dispute raised in the suit is of vital national importance. It is not a suit between two individual parties but affects two major communities of the country,” he said, emphasising the need for a speedy trial.

The case was filed by petitioners seeking the right to worship in the Gyanvapi mosque adjoining the Kashi Vishwanath temple. Muslim litigants had challenged the maintainability of the suit, citing the 1991 Act.

However, the court clarified, “The Act does not define ‘religious character,’ and only ‘conversion’ and ‘place of worship’ have been defined under the Act.”

“What will be the religious character of the disputed place can only be determined by the competent court after evidence is presented by the parties to the suit,” it stated.

“Either the Gyanvapi Compound has a Hindu religious character or a Muslim religious character. It can’t have a dual character at the same time. The religious character has to be ascertained by the court considering pleadings of the parties and evidence led in support of pleadings,” it added.

The Places of Worship Act had exempted only the Ram Janmabhoomi-Babri Masjid dispute from its purview.

After a landmark Supreme Court verdict four years ago, the first phase of the construction of the Ram temple in Ayodhya is nearly over. The consecration ceremony will take place next month.