The Allahabad High Court Tuesday adjourned hearing till August 3 in a case filed by the Anjuman Intazamia Masjid Committee challenging the maintainability of a 1991 suit seeking right to worship by Hindu petitioners.
The suit has been filed seeking the restoration of the ancient temple at the site where the Gyanvapi mosque currently stands. The petitioners claimed in the suit that the mosque is a part of the temple.
Hearing in the Gyanvapi case resumed in the Allahabad high court on Tuesday.
The counsel appearing on behalf of the Gyanvapi mosque, S F A Naqvi, argued Tuesday the suit is barred by law under the provisions of section 4 of the Places of Worship (Special Provisions) Act, 1991.
Naqvi submitted this provision bars filing of suit or any other legal proceedings for altering the religious character of any place of worship that existed on August 15, 1947.
Hence, no claim can be made regarding a religious place which existed on August 15, 1947, he said.
According to the Act of 1991, no relief can be sought for changing the status of any religious place as it existed on August 15, 1947, contended the petitioner's counsel.
Naqvi further contended that if an application raising objection about the maintainability of any suit has been filed at any stage, the same must be decided first by the lower court and thereafter the suit be proceeded with.
After hearing bother the parties, Justice Prakash Padia adjourned till August 3 the hearing in the case filed by the Anjuman Intazamia Masjid Committee challenging the maintainability of the original suit filed in 1991 in the Varanasi district court.
