Advocate Vishnu Shankar Jain, representing the Hindu side in the Gyanvapi case, on Thursday said that out-of-court settlement is not legally possible under the CPC in the said case. The statement was made after Jitendra Singh Bisen, international president of Vishwa Vedic Sanatan Sangh, wrote a letter to Anjuman Intejamia proposing an out-of-court settlement in the Gyanvapi case.
Advocate Vishnu Shankar Jain told ‘The Daily Guardian’ that there is no legal value of any case outside the court. Rule 23 of the CPC clearly states that no settlement can be reached unless all the parties agree to it. Apart from this, in matters related to the country and society, where a representative suit is filed involving the whole society, no person or party alone can compromise even if they want to. Therefore, this initiative for out-of-court settlement is not possible under the CPC, as it is not legally feasible.
He also stated that none of the clients to the suits filed on our behalf is ready for any kind of compromise.” Vishnu Shankar Jain said that he is not ready to compromise, as to do so he has to give up some of his rights. They are not ready to leave even an inch of land.
Vishnu Shankar’s question was that I want to ask through the media that how will the settlement be materialised? Compromise or settlement can only happen when you give up some of your rights and the other person gives up some of his rights. Here, we are not ready to leave even an inch of land inside the barricade. We want the entire area to be inside the barricade.
He further reiterated that “the Muslim side has used a temple as a mosque, the Muslim side should apologise for misusing the temple premises, so there is no question of compromise or settlement.”
In fact, following a court order, the scientific survey of the Gyanvapi complex adjacent to the Kashi Vishwanath temple (except for wuzu-khana) began on August 4. The court allowed the ASI to conduct a survey to determine whether the 17th-century mosque was constructed earlier and whether it was a compound built on the existing structure of a Hindu temple.
Following the order of the court, the ASI team is surveying the Gyanvapi campus with the GPR system. It is a technology that does not require demolition or deep digging. Through infrared rays, scientists come to know whether there is any other thing inside the ground and under the structure. Whether the mosque is built on the foundation of the temple or whether there are idols of Hindu gods and goddesses beneath the premises, this truth will be revealed from the technical survey.