Supreme Court decides to take up Gyanvapi Mosque dispute on November 11

The Supreme Court agreed on Thursday to hear the case concerning the safeguarding of “Shivling,” which was found at the Varanasi Gyanvapi mosque complex. The case will be heard at 3 p.m. on Friday. Justices Hima Kohli and JB Pardiwala, along with Chief Justice of India DY Chandrachud, announced they would form a bench to […]

Gyanvapi mosque
by Simran Singh - November 10, 2022, 12:51 pm

The Supreme Court agreed on Thursday to hear the case concerning the safeguarding of “Shivling,” which was found at the Varanasi Gyanvapi mosque complex. The case will be heard at 3 p.m. on Friday.

Justices Hima Kohli and JB Pardiwala, along with Chief Justice of India DY Chandrachud, announced they would form a bench to hear the case.

On May 17, the Supreme Court issued an interim order directing to protect the area where the “Shivling” was discovered and granting access to Muslims for namaz. The order stated that this protection should continue until the Varanasi court decides whether the lawsuit can be maintained, and then for an additional eight weeks to allow parties to pursue legal remedies.

Hindu parties’ attorney Vishnu Shankar Jain brought up the issue before the Supreme Court in an effort to extend the temporary order safeguarding “Shivling.”

The interim injunction must be renewed, according to Jain, as it is set to expire on November 12.

He further emphasised the fact that the Muslim parties’ application under Order 7 Rule 11 (rejection of petitions) was turned down.

The Varanasi District Court ruled in September that the Places of Worship (Special Provisions) Act, 1991, did not preclude the lawsuit.

The Anjuman Intezamia Masjid Committee, which oversees the Gyanvapi mosque, had argued that the claim brought by Hindu women was not maintainable, but it had been rejected.

The Supreme Court is currently considering an appeal that the Committee filed in opposition to an order by the Allahabad High Court allowing a court-appointed commissioner to inspect, survey, and film the Gyanvapi mosque, where both Hindus and Muslims have claimed the right to worship.

On May 20, the Supreme Court issued an order transferring the civil judge’s case involving worship at the Gyanvapi mosque to the Varanasi District Judge.

The District Judge was to decide whether the civil case filed in the Gyanvapi-Kashi Vishwanath on a matter of priority, as requested by the Committee of Management of the Anjuman Intezamia Masjid Varanasi, could be maintained, according to the clause.