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Varanasi court rejects plea against suit filed by Hindu side in Gyanvapi case
The Varanasi court ruled that the plea of five Hindu women seeking permission for daily worship of Hindu deities in Shringar Gauri-Gyanvapi is maintainable. It will hear the case next on September 22
VARANASI: A Varanasi district court on Monday rejected the plea of the Anjuman Intezamia Masjid Committee (AIMC) challenging the maintainability of the suit filed by five Hindu plaintiffs in Shringar Gauri-Gyanvapi case, ruling that the plea seeking permission for the worship of Maa Shringar Gauri Sthal inside the Gyanvapi mosque was maintainable in the court of law.
Varanasi district judge Ajay Krishna Vishvesh ruled that it will continue to hear the petition seeking the right to worship in the temple. The court fixed September 22 as the next date of hearing.
“The court of district judge Ajay Krishna Vishvesha has ruled that the case is maintainable in the court of law and has rejected the application moved by the Anjuman Intezamia Masajid Committee under Rule 7 Order 11 of Civil Procedure Code (CPC) that the Places of Worship Act (Special Provisions) 1991 is applicable in this case and the plea was not maintainable in the court,” said counsel for the Hindu side Vishnu Shankar Jain who represents one of the five plaintiffs.
Touhid Khan, who represented AIMC in the district court, said they will file an appeal. “We will now challenge the order in the high court,” he said.
The court reserved its verdict on August 24 after the Hindu and Muslim sides completed their arguments.
“I have come to the conclusion that the suit of the plaintiffs is not barred by the Places of Worship (Special Provisions) Act, 1991 (Act no.42 of 1991), The Waqf Act 1995 (Act no.43 of 1995) and the U.P. Shri Kashi Vishwanath Temple Act, 1983 (Act
no.29 of 1983) and the application 35C filed by the defendant no.4 is liable to
be dismissed.,” Ajay Krishna Vishvesha said in the 26-page order.
Outside, scores of people celebrated the court ruling. “It’s a big day not only for us but also for entire ‘Kashivasis’ and ‘Sanatanis’. We were hopeful that we will win. I am sure that people from the other community will take it sportingly,” said Rekha Pathak, one of the five plaintiffs in the Shringar Gauri complex-Gyanvapi mosque case.
Soon after the judgment, many people were seen distributing sweets, bursting crackers and dancing to the tunes of drums at various Kashi ghats.
“Har Har Mahadev. The victory was expected. It’s time for us to celebrate,” said Vijay Tripathi, a resident of Godowlia.
The Shringar Gauri-Gyanvapi case was filed by five women, including Rakhi Singh, last year in August, seeking permission for daily worship at Maa Shringar Gauri Sthal in the Gyanvapi complex.
The AIMC countered, saying that Gyanvapi mosque was a Waqf property and questioned the maintainability of the plea. Madan Mohan Yadav, a lawyer representing the Hindu side, had argued that the mosque was constructed after demolishing the temple.
The case is being heard by the district court following an apex court order. Earlier, a lower had ordered a videography survey of the complex. The survey work was completed on May 16 and the report was presented in the court on May 19.
The Hindu side had claimed in the lower court that a Shivling was found during the videography survey of the Gyanvapi mosque-Shringar Gauri complex but it was contested by the Muslim side. Senior advocates Hari Shankar Jain, Vishnu Shankar Jain Sudhir Tripathi and others are the counsel for the Hindu side.
After the verdict, patrolling was intensified in sensitive areas across the state.
“An alert has been sounded in all sensitive areas. Patrolling is going on to ensure peace. Religious heads have issued statements asking for peace to be maintained,” said additional director general of police, Law and Order, Prashant Kumar.
Districts in western Uttar Pradesh with a sizable Muslim population were placed on high alert since morning.
In Lucknow, the vigil was tightened since Monday morning with the commissioner of police Lucknow SB Shirodkar leading the patrolling in old city areas.
