Gyanvapi case: Varanasi court upholds maintainability of Hindu side’s petition

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VARANASI: A Varanasi Court on Monday dismissed a plea of Anjuman Islamia Masjid committee difficult the maintainability of the swimsuit filed by 5 Hindu girls looking for worshipping rights within the Gyanvapi mosque compound.

District Judge AK Vishvesh delivered the decision within the Gyanvapi Shrinagar Gauri dispute case and posted the matter to additional listening to on September 22.

“The court rejected the Muslim side’s petition and said the suit is maintainable. The next hearing of the case is on September 22,” mentioned Advocate Vishnu Shankar Jain, representing the Hindu facet within the Gyanvapi mosque case.

“It’s a win for the Hindu community. The next hearing is on Sep 22. It’s a foundation stone for the Gyanvapi temple. Appeal to people to maintain peace,” mentioned Sohan Lal Arya, petitioner within the Gyanvapi case.

Earlier, the Hindu facet had mentioned that they may search for Archaeological Survey of India (ASI) survey and carbon courting of ‘Shivling’ if the judgment is available in their favour.

Speaking to ANI, Advocate Vishnu Shankar Jain, representing the Hindu facet mentioned, “Today the court will deliver its judgment on the maintainability of the suit. 1991 Worship Act applies in our favour. If judgment comes in our favour, then we will seek for ASI survey, carbon dating of Shivling.”

Another lawyer, representing the Hindu facet, Sohan Lal Arya mentioned that the decision will show to be the primary day of planting the muse stone of Kashi Vishwanath.

“Moreover, this day is going to be a very happy day for the Hindu community of the world. Court will give its verdict from 2:00 pm and we have offered prayers for the ‘darshan’ of Lord Shiva in the morning. After the verdict, we will have ‘darshan’. After the verdict comes in our favour, the people of Kashi celebrate by ringing bells and clapping. The people of Kashi will work to awaken the Hindu society,” mentioned Sohan Lal Arya.

The petition was filed by 5 girls looking for permission for each day worship of Hindu deities whose idols are mentioned to be positioned on an outer wall of the Gyanvapi mosque, which is positioned near Kashi Vishwanath temple.

Following this, a Varanasi court ordered the survey of the mosque advanced. Following this, an area Varanasi court ordered a videography survey of the advanced in May. The survey work was accomplished on May 16 and the report was offered within the court on May 19.

After the videography survey claims have been made by the Hindu facet {that a} construction, resembling a Shivling was discovered within the mosque advanced however the Masjid committee contested that it was a fountain and never a Shivling.

“Several sculptures of gods and goddesses alongwith other structures related to Hindu belief were seen in the Gyanvapi Mosque in Varanasi,” mentioned advocate Ajay Kumar Mishra, who was appointed commissioner by Varanasi court to survey the Gyanvapi-Gauri Shringar advanced however was later eliminated for leaking the data.

The report by Mishra additionally talked about that the three-four sculptures with Sindoor marks and ‘Choukhat’ like stone slab are believed to be ‘Sringar Gouri’.

However, the Anjuman Intezamia Masjid Committee has mentioned the Gyanvapi mosque is a Waqf property and has questioned the maintainability of the plea.

Madan Mohan Yadav, a lawyer of the Hindu facet, had claimed that the mosque was constructed after demolishing the temple.

According to the petitioners, a self-styled Jyotirling of Lord Vishwanath in Kashi is within the mosque advanced.

The petitioner additionally claimed that in 1669, Mughal Emperor Aurangzeb had destroyed a portion of the Kashi Vishwanath temple and had constructed the Gyanvapi Mosque.

The petitioner desires the court to declare that Muslims don’t have any proper to occupy the Gyanvapi mosque and their entry to be banned.

Meanwhile, the defence lawyer mentioned that there was no temple within the Gyanvapi advanced and the mosque is standing on the positioning from the start.

Notably, the Supreme Court on July 21 mentioned that it’ll await the Varanasi district choose’s determination on the Gyanvapi mosque committee’s software.

The SC bench then posted the matter for additional listening to within the first week of October after the end result of the proceedings earlier than the district choose.

The Supreme Court on May 20 transferred the case from a civil choose (senior division) to a district choose, saying contemplating the “complexities and sensitivity” of the difficulty, it’s higher if a senior judicial officer having an expertise of over 25-30 years handles this case.

The bench additionally mentioned that no method of restriction must be imposed on Muslims coming into the mosque to supply namaz or spiritual observances.

The prime court had made the remark that the method to establish the spiritual character of a spot of worship will not be barred below the Places of Worship Act of 1991.

SC judgement got here after the fee appointed by a district court to conduct a video surgical procedure of the Gyanvapi Mosque advanced submitted its report on May 19.

The prime court had ordered that its interim order handed on May 17 — to guard the world the place the Shivling was discovered and entry to Muslims for namaz — shall proceed in operation until the maintainability of the swimsuit is determined and thereafter for eight weeks to allow events to pursue authorized treatments.

It had mentioned that District Judge ought to determine the maintainability of the civil swimsuit within the Gyanvapi-Kashi Vishwanath on precedence as sought by Committee of Management Anjuman Intezamia Masjid Varanasi.

The matter had reached the Supreme Court on a petition filed by the Mosque Management Committee, which challenged the civil choose’s order of filming contained in the mosque.

The order permitted inspection, survey, and videography of the mosque’s advanced to gather proof concerning the alleged existence of idols of Hindu deities contained in the mosque, which is adjoining to the Kashi Vishwanath Temple.

The petitioners mentioned the filming goes towards the Places of Worship Act of 1991, which maintains the spiritual standing of anywhere of worship as of August 15, 1947.

However, after the survey, the attorneys representing the Hindu facet claimed {that a} shivling was discovered on the mosque premises. They filed an software for the safety of the shivling, whereupon the civil choose directed the district Justice of the Peace, Varanasi, to seal the world the place the shivling was sighted. It additionally directed the deployment of the CRPF to guard the sealed space and prohibited folks from coming into it.

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