Today the Varanasi Court in the case dismissed Anjuman Islamia Masjid committee’s plea (filed under Order 7 Rule 11 CPC) challenging the maintainability of the suit filed by five Hindu women i.e., plaintiff seeking worshipping rights in the Gyanvapi Mosque compound.
The District Judge bench comprising of A. K. Vishveshva order ruled that the suit filed by the Hindu Worshippers is not barred by The Places of Worship Act or the Waqf Act.
The Anjuman Islamia Committee’s challenge to maintainability of the suit has been rejected.
Further, the Varanasi Court will hear the suit of the Hindu Worshippers.
In the present case, the plaintiffs (hindu women worshippers) have essentially sought a right to worship Maa Shringar Gauri on the outer wall of the mosque complex located next to the Kashi Vishwanath temple. the Anjuman Committee had challenged the maintainability of that very suit (which manages the Gyanvapi mosque in Varanasi) arguing that Hindu Worshippers’ suit is barred by Law (Places of Worship Act, 1991).
The court having heard the parties at length, last month the District Judge A. K. Vishvesha completed the hearing and has reserved its order.
It was argued by the Anjuman Masjid committee in its objection and order 7 rule 11 CPC application that the suit is specifically barred by the Places of Worship (Special Provisions) Act, 1991.
The Case Background:
The local court i.e., the presided by Varanasi civil judge (senior division) Ravi Kumar Diwakar] had earlier appointed a survey commission to submit a report by visiting the mosque. On May 19, the Court had received the survey report.
Even before the submission of the survey report, it was observed that on a submission made by the court-appointed Advocate Commissioner that it had found Shiva Linga inside the Gyanvapi Mosque had ordered to seal the spot premises during the survey.
The court had ordered the District Magistrate, Varanasi is ordered to immediately seal the place where the Shiva linga is found and the entry of any person is prohibited in the sealed place.
Before the Supreme Court, a petition was filled by the Masjid Committee wherein challenging the survey ordered by the Varanasi court.
In the plea, on May 17 the Supreme Court has clarified that the order passed by the Civil Judge Senior Division at Varanasi to protect the spot where it has claimed a “shiv ling” to have been found during the survey of the Gyanvapi mosque and it will not restrict the right of Muslims to access the mosque to offer namaz and to perform the religious observances.
Further, the Supreme Court on May 20 has transferred the suit filed by Hindu devotees in connection with the Gyanvapi Mosque-Kashi Vishwanath Temple dispute to the District Court in Varanasi.
Also, the Supreme Court had ordered that the application filed by the Committee of Management Anjuman Intezamia Masjid before the trial court under Order 7 Rule 11 CPC for rejection of the suit as being barred in law and shall be decided on priority by the District Judge.
The bench comprising of Justice D Y Chandrachud, Justice Surya Kant, and Justice PS Narasimha adjourned the matter to October 20 and has ordered that its interim order dated May 17 is to be continued in operation till the application is decided and for a period of 8 weeks.
ASADUDDIN OWAISI AFTER GYANVAPI CASE VERDICT: ‘GOING ON SAME PATH AS THAT OF BABRI MASJID ISSUE’
On Monday, a Varanasi Court dismissed a plea of Anjuman Islamic Masjid committee challenging the maintainability of the suit filed by five Hindu women seeking worshipping rights in the Gyanvapi mosque compound.
Owaisi stated, “A destabilising effect will start after this. We’re going on the same path as that of the Babri Masjid issue. When judgement on Babri Masjid was given, I warned everyone that this will create problems in the country as this judgment was given on the basis of faith.”
He added “There should be an appeal in High Court against this order. I hope Anjuman Intezamia Masjid Committee will appeal against this order. I believe that after this order, the purpose of the places of Worship Act 1991 will fail. The Court rejected the Muslim side’s petition and stated that the suit is maintainable.
Earlier, the Varanasi court dismissed a plea of the masjid committee that manages the Gyanvapi mosque challenging the maintainability of the suit filed by five Hindu
women seeking worshipping rights inside the masjid compound. Thus, the committee will move the Allahabd High Court challenging the District Court Order.
Accordingly, the next hearing is on September 2022.