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Allahabad HC rejects Muslim side’s plea challenging suit for worship rights in mosque

The Allahabad High Court on Tuesday dismissed petitions of the Muslim side challenging the maintainability of a 1991 civil suit, pending before a Varanasi court, filed by Hindu worshippers seeking rights to worship in premises currently occupied by the Gyanvapi mosque.

The court rejected two petitions against the maintainability of a 1991 civil suit filed by Hindu worshippers pending before a Varanasi court, and three against a 2021 ASI survey order.

The single-judge bench of Justice Rohit Ranjan Aggarwal also asked the lower court to complete the hearing on the matter within six months. The High Court further said that if anything is left while conducting the survey, it can be done again and that report could be submitted to the Varanasi court.

The Muslim side had challenged the civil suit that sought the right to worship and also the Varanasi court’s 2021 order of an ASI survey in the mosque complex. They had argued that the civil suit was barred under the 1991 Places of Worship Act.

Also Read:ASI gets 10 more days to submit survey report of Gyanvapi mosque complex

The Hindu side, meanwhile, said in their civil suit that the Gyanvapi mosque is a part of the Kashi Vishwanath Temple.

During the hearing, the High Court said that the 1991 civil suit is maintainable and not barred by the Places of Worship Act.

Also Read:ASI gets 10 more days to submit survey report of Gyanvapi mosque complex

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ASI submits survey report

Earlier on Monday, the Archaeological Survey of India (ASI) submitted a sealed report of the scientific survey on the Gyanvapi Mosque complex before the Varanasi District Court. The report will be shared with the petitioners on December 21 and a copy of it will also be sent to the apex court, Live Law reported.

The ASI had taken six extensions to file its findings, citing a vast amount of data that had to be studied and analysed. On November 2, it said it had “completed” the survey, but asked for more time to compile the report, including submitting details of equipment used during the survey.

The survey of the Gyanvapi mosque premises, excluding its sealed section, began in August. It was meant to check if the 17th-century mosque was constructed over a pre-existing Hindu temple.

The survey started after the Allahabad High Court upheld the Varanasi court order. The High Court said the survey was “necessary in the interest of justice” and would benefit both sides in the dispute.

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