In a landmark judgment, the Allahabad High Court on Wednesday dismissed the plea of the Gyanvapi Masjid committee and upheld the order of a Varanasi court that declared the maintainability of a suit filed by five Hindu women who claimed their right to worship inside the mosque premises.

The women, who belong to the Kashi Vishwanath Mandir Trust, had filed the suit in 2019, seeking permission to offer prayers at a spot inside the mosque compound where they believe an ancient Shiva temple existed before it was demolished by Mughal emperor Aurangzeb in 1669. The masjid committee had challenged the Varanasi court’s order on the grounds that it violated the Places of Worship (Special Provisions) Act, 1991, which prohibits any conversion of any place of worship and provides for maintenance of its religious character as it existed on August 15, 1947.

However, the Allahabad High Court rejected this argument and held that the Act did not apply to the suit as it was not a dispute between two religious communities but a claim of individual rights by the Hindu women. The court also observed that the Act did not bar any civil suit for enforcement of rights in respect of any place of worship. The court further noted that the women had made out a prima facie case of infringement of their fundamental right to freedom of religion under Article 25 of the Constitution and that they deserved an opportunity to prove their assertions before the trial court.

The verdict has been hailed as a victory for religious harmony and tolerance by the Hindu women and their lawyers, who said that they did not intend to disturb the peace or hurt the sentiments of any community but only wanted to exercise their right to worship at a sacred site. The masjid committee, on the other hand, has expressed its disappointment and said that it will challenge the verdict in the Supreme Court.

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