Varanasi court docket rejects Gyanvapi mosque plea towards maintainability, listening to to proceed

By PTI

NEW DELHI: The Varanasi district court docket on Monday stated it is going to proceed to listen to a petition looking for every day worship of Hindu deities whose idols are positioned on an outer wall of the Gyanvapi Masjid, dismissing the mosque committee’s argument that the case isn’t maintainable.

District Judge A Okay Vishvesh rejected the Anjuman Intezamia Masjid Committee’s petition questioning the maintainability of the case, which has reignited the Kashi Vishwanath temple-Gyanvapi Masjid dispute.

The mosque committee’s dismissed plea had cited the Places of Worship (Special Provisions) Act, 1991 to make its case.

Separately, the Allahabad High Court which is listening to one other case “dating back to 1991” on the Varanasi temple-mosque dispute on Monday mounted September 28 for its subsequent listening to.

The mosque is positioned subsequent to the long-lasting temple and the case within the Varanasi court docket revived claims that the mosque was constructed on a portion of the Hindu construction demolished on the orders of Mughal emperor Aurangzeb.

The Supreme Court had directed the district court docket to first determine on the maintainability of the case, filed by 5 Hindu ladies looking for permission to supply every day prayers earlier than the idols of Shringar Gauri.

The mosque committee had approached the apex court docket, arguing that their plea was not maintainable because the Places of Worship (Special Provisions) Act, 1991 mandated that the character of such locations ought to stay because it was at Independence.

The 1991 legislation made an exemption just for the Ram Janmabhoomi-Babri Masjid land dispute.

The Varanasi district court docket has now stated the 1991 Act doesn’t apply on this case — the place the devotees are looking for permission for every day worship of the idols they are saying are already put in there.

Already, they’re allowed to supply prayers there annually, their legal professionals had argued.

“From the perusal of provisions of the Act, it is clear that no bar has been imposed by the Act regarding a suit claiming a right to worship idols installed in the endowment within the premises of the temple, or outside,” the order stated.

Dismissing the mosque committee’s plea, the choose stated, “In view of the above discussions and analysis, I have come to the conclusion that the suit of the plaintiffs is not barred by the Places of Worship (Special Provisions) Act, 1991, the Waqf Act, 1995 and UP Sri Kashi Vishwanath Temple Act, 1983.”

The court docket has now mounted September 22 as its subsequent date of listening to within the case. Advocate Merajuddin Siddiqui later stated the mosque committee will problem the order in Allahabad High Court. The matter might additionally come up earlier than the Supreme Court on October 20, the date it mounted throughout a listening to on the matter in July. 

The All India Muslim Personal Law Board referred to as the Varanasi court docket order “disappointing and painful”.

Several BJP leaders, together with two Union ministers, welcomed it, with the occasion’s nationwide secretary Y Satya Kumar terming it a “triumph of the reality.

” The Vishva Hindu Parishad too hailed it. The Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya appeared to specific hope that Mathura — the place one other mosque-temple dispute is being heard —might additionally see the same end result.

“Karvat leti Mathura, Kashi,” he tweeted in Hindi.

Union Minister of State for Consumer Affairs Ashwini Kumar Choubey stated, “Kashi and Mathura are the pride of our Sanatan Dharma. This decision is for the uplift of our culture.”

The district choose had on August 24 reserved the order on the problem of maintainability until September 12.

He delivered the 26-page order on Monday, studying out his choice in 10 minutes within the presence of 32 individuals together with legal professionals from either side, stated an advocate who was current within the courtroom to which entry was restricted.

Some individuals gathered outdoors the court docket rejoiced, distributing sweets. A day earlier, the district administration had issued prohibitory orders below Section 144 of CrPC banning congregation of individuals.

Police had stepped up safety. The Hindu ladies had petitioned a Varanasi civil court docket in August 2021.

The court docket additionally agreed to nominate a panel headed by an advocate to conduct a video survey of the Gyanvapi mosque complicated.

Lawyers to the Hindu facet had stated the video clips confirmed a ‘shivling’ within the complicated, a declare disputed by the mosque committee. It additionally objected to the video being leaked.

On May 20, the Supreme Court transferred the go well with filed by Hindu devotees from civil choose (senior division) to the Varanasi district choose, saying it was a fancy and delicate case and must be heard by a extra senior judicial official.

The three-judge bench additionally stated that the method to establish the spiritual character of a spot of worship isn’t barred below the Places of Worship Act.

NEW DELHI: The Varanasi district court docket on Monday stated it is going to proceed to listen to a petition looking for every day worship of Hindu deities whose idols are positioned on an outer wall of the Gyanvapi Masjid, dismissing the mosque committee’s argument that the case isn’t maintainable.

District Judge A Okay Vishvesh rejected the Anjuman Intezamia Masjid Committee’s petition questioning the maintainability of the case, which has reignited the Kashi Vishwanath temple-Gyanvapi Masjid dispute.

The mosque committee’s dismissed plea had cited the Places of Worship (Special Provisions) Act, 1991 to make its case.

Separately, the Allahabad High Court which is listening to one other case “dating back to 1991” on the Varanasi temple-mosque dispute on Monday mounted September 28 for its subsequent listening to.

The mosque is positioned subsequent to the long-lasting temple and the case within the Varanasi court docket revived claims that the mosque was constructed on a portion of the Hindu construction demolished on the orders of Mughal emperor Aurangzeb.

The Supreme Court had directed the district court docket to first determine on the maintainability of the case, filed by 5 Hindu ladies looking for permission to supply every day prayers earlier than the idols of Shringar Gauri.

The mosque committee had approached the apex court docket, arguing that their plea was not maintainable because the Places of Worship (Special Provisions) Act, 1991 mandated that the character of such locations ought to stay because it was at Independence.

The 1991 legislation made an exemption just for the Ram Janmabhoomi-Babri Masjid land dispute.

The Varanasi district court docket has now stated the 1991 Act doesn’t apply on this case — the place the devotees are looking for permission for every day worship of the idols they are saying are already put in there.

Already, they’re allowed to supply prayers there annually, their legal professionals had argued.

“From the perusal of provisions of the Act, it is clear that no bar has been imposed by the Act regarding a suit claiming a right to worship idols installed in the endowment within the premises of the temple, or outside,” the order stated.

Dismissing the mosque committee’s plea, the choose stated, “In view of the above discussions and analysis, I have come to the conclusion that the suit of the plaintiffs is not barred by the Places of Worship (Special Provisions) Act, 1991, the Waqf Act, 1995 and UP Sri Kashi Vishwanath Temple Act, 1983.”

The court docket has now mounted September 22 as its subsequent date of listening to within the case. Advocate Merajuddin Siddiqui later stated the mosque committee will problem the order in Allahabad High Court. The matter might additionally come up earlier than the Supreme Court on October 20, the date it mounted throughout a listening to on the matter in July. 

The All India Muslim Personal Law Board referred to as the Varanasi court docket order “disappointing and painful”.

Several BJP leaders, together with two Union ministers, welcomed it, with the occasion’s nationwide secretary Y Satya Kumar terming it a “triumph of the reality.

” The Vishva Hindu Parishad too hailed it. The Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya appeared to specific hope that Mathura — the place one other mosque-temple dispute is being heard —might additionally see the same end result.

“Karvat leti Mathura, Kashi,” he tweeted in Hindi.

Union Minister of State for Consumer Affairs Ashwini Kumar Choubey stated, “Kashi and Mathura are the pride of our Sanatan Dharma. This decision is for the uplift of our culture.”

The district choose had on August 24 reserved the order on the problem of maintainability until September 12.

He delivered the 26-page order on Monday, studying out his choice in 10 minutes within the presence of 32 individuals together with legal professionals from either side, stated an advocate who was current within the courtroom to which entry was restricted.

Some individuals gathered outdoors the court docket rejoiced, distributing sweets. A day earlier, the district administration had issued prohibitory orders below Section 144 of CrPC banning congregation of individuals.

Police had stepped up safety. The Hindu ladies had petitioned a Varanasi civil court docket in August 2021.

The court docket additionally agreed to nominate a panel headed by an advocate to conduct a video survey of the Gyanvapi mosque complicated.

Lawyers to the Hindu facet had stated the video clips confirmed a ‘shivling’ within the complicated, a declare disputed by the mosque committee. It additionally objected to the video being leaked.

On May 20, the Supreme Court transferred the go well with filed by Hindu devotees from civil choose (senior division) to the Varanasi district choose, saying it was a fancy and delicate case and must be heard by a extra senior judicial official.

The three-judge bench additionally stated that the method to establish the spiritual character of a spot of worship isn’t barred below the Places of Worship Act.