Varanasi court backs Hindu petitioners in Gyanvapi case

A file picture

Team News Riveting

Varanasi, September 12

A Varanasi Court on Monday ejected the plea questioning the maintainability of a petition seeking permission for daily worship of Hindu deities located on an outer wall of the Gyanvapi mosque.

The court held that a suit filed by Hindu parties seeking worship rights inside the Gyanvapi Mosque is maintainable.

District Judge Dr AK Vishvesha dismissed the plea filed by the Muslim party, Committee of Management of Anjuman Intezamia Masjid, contesting the maintainability of the suit. The Hindu devotees approached the civil court claiming the right to worship inside the premises of the Gyanvapi Mosque, on the ground that it was a Hindu temple and still houses Hindu deities.

The advocate commissioner had conducted the videographed survey of the Mosque following court order and submitted a report to the civil court.

The Muslim parties meanwhile filed an application under Order VII Rule 11 of the CPC challenging the maintainability of the suit on ground that the Places of Worship Act of 1991, which was introduced at the height of the Ram Janmabhoomi movement, seeks to protect the status of all religious structures as it stood on August 15, 1947.

Section 4 of the Act states that the religious character of a place of worship existing on August 15, 1947 shall continue to be the same as it existed on that day.

It bars courts from entertaining cases regarding such places of worship. The provision further states that such cases already pending in courts would stand abated.

The suit before the civil court was, however, transferred to the District Judge by the Supreme Court on May 20 in view of the sensitivity of the issue involved.

The Hindu parties contended before the District Court that without taking into account the survey report, the maintainability of the suit cannot be decided, since the nature of the religious structure is the subject matter of the dispute.

The District Court had then asked the parties to the case to file their objections to the advocate commissioner’s survey report. Judge Vishvesha reserved the verdict in the matter on August 24.

Police Commissioner A Satish Ganesh had on Sunday said prohibitory orders were clamped in the Varanasi commissionerate area and officers had been asked to interact with religious leaders in their respective areas to ensure that peace is maintained.

The force had been asked to conduct flag march and foot march in sensitive areas. “Checking has been intensified in the district’s border areas, hotels and guest houses, while an eye is also being kept on social media,” the officer said.

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