Varanasi Court Reserved Order on Masjid Committee’s Challenge to Maintainability of Hindu Worshippers’ Suit in Gyanvapi Dispute

Shashwati Chowdhury

Published on: August 25, 2022 at 16:39 IST

Today, a Varanasi court reserved its order on a motion made by the Anjuman Islamia Masjid committee that questioned the complaint suit filed by five Hindu women (plaintiffs) on the Gyanvapi Mosque-Kashi Vishwanath temple on being maintainable.

Hindu women devotees filed a lawsuit seeking year-round access to pray at a Hindu shrine hidden behind the western wall of Varanasi’s Gyanvapi Mosque complex. District Judge A. K. Vishvesha concluded the hearing today, and the decision will probably be made on September 12th, 2022.

In an Order 7 Rule 11 CPC application, the Anjuman Islamia Masjid committee questions the maintainability of the lawsuit brought by five Hindu ladies (plaintiffs) on the Gyanvapi Mosque-Kashi Vishwanath temple issue.

In response to petitions filed by five Hindu women in April 2022 calling for year-round access to pray at a Hindu shrine hidden behind the western wall of Varanasi’s Gyanvapi Mosque complex, the Court of Civil Judge Senior Division ordered an inspection of the property.

The plaintiffs contend that the site of the present mosque was formerly a Hindu temple that Mughal Ruler Aurangzeb destroyed before the current mosque structure was erected there.

On the other hand, the Anjuman Masjid committee contends in their objection and order 7 rule 11 application that the Places of Worship (Special Provisions) Act, 1991 expressly prohibits the lawsuit.

A survey commission had been appointed by the local court, which was presided over by Varanasi civil judge (senior division) Ravi Kumar Diwakar, to submit a report after visiting the mosque. The survey report was delivered to the Court on May 19.

But even before the survey report was submitted, the Court, acting on a submission made by the court-appointed Advocate Commissioner that it had discovered Shiva Linga inside the grounds of the Gyanvapi Mosque during the survey, had ordered to seal the spot.

In the meantime, the Masjid Committee petitioned the Supreme Court to dismiss the Varanasi court’s order for the survey. When the Supreme Court heard the appeal on May 17, it made it clear that the order made by the Varanasi Civil Judge Senior Division to protect the area where a “shivling” was allegedly discovered during the survey of the Gyanvapi mosque will not restrict Muslims’ access to the mosque for namaz and other religious observances.

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