NEW DELHI: A Varanasi court on Monday ruled in favour of five Hindu women who had sought permission to pray at a historic mosque in the city.

The order is said to have opened the door for other petitions, demanding more mosques to be treated similarly. It effectively rejected the objection by the Muslim side that had opposed the plea for the right to pray inside the Gyanvapi Mosque premises all-year round.

The Muslim side would now have to prove the ownership of what had hitherto been described as Waqf land.

The court fixed Sept 22 as the next date of hearing. Merajuddin Siddiqui, the advocate representing the Muslim side, said they would move the Allahabad High Court against the judgement, The Hindu reported.

According to an advocate, who was present in the courtroom, District Judge A.K. Vishvesh said: “In view of the discussions and analysis, I have come to the conclusion that the suit of the plaintiffs is not barred by the Places of Worship (Special Provision) Act, 1991, The Waqf Act, 1995 and UP Sri Kashi Vishwanath Temple Act, 1983, and the application 35C filed by the defendant no. 4 (Anjuman Intezamia) is liable to be dismissed.”

Five women had filed the petition seeking permission for daily worship of Hindu deities whose idols are claimed to be located on an outer wall of the Gyanvapi Mosque.

The Anjuman Intezamia Masjid Committee said the mosque is a Waqf property and questioned the maintainability of the plea. The judge had on Aug 24 reserved the order in the communally sensitive matter.

Meanwhile, the Allahabad High Court on Monday fixed Sept 28 as the next date of hearing in a case pertaining to a petition filed by Anjuman Intezamia Masjid challenging the maintainability of an original suit filed in 1991 in the Varanasi district court.

The original suit has sought the restoration of the ancient Kashi Vishwanath temple at the site where the Gyanvapi Mosque currently stands. The petitioners claimed that the mosque is a part of the temple.

As the news about the court order spread, some people who had gathered outside the court, distributed sweets to celebrate the verdict, The Hindu reported.

The district administration had issued prohibitory order under Section 144 of CrPC in Varanasi since Sunday in view of the court order.

Published in Dawn, September 13th, 2022