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Hearing on Gyanvapi case resumes today in Varanasi court

The Muslim side has argued against the maintainability of the plea. Abhay Nath Yadav, one of the lawyers of the mosque committee, had presented the arguments in court for about two hours.

Updated on: Jul 4, 2022, 04:58:51 IST
By , VARANASI
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The hearing on the Anjuman Intezamia Masjid Committee’s plea challenging the maintainability of a suit filed by Hindu women seeking permission for daily worship of the Shringar Gauri Sthal in the Kashi Vishwanath-Gyanvapi complex will resume in the Varanasi district court on Monday (July 4).

The suit in the Maa Shringar Gauri-Gyanvapi case was filed by five Hindu women in August 2021.
The suit in the Maa Shringar Gauri-Gyanvapi case was filed by five Hindu women in August 2021.

On May 30, district judge AK Vishvesh had posted the matter for further hearing on July 4.

The Muslim side has argued against the maintainability of the plea. Abhay Nath Yadav, one of the lawyers of the mosque committee, had presented the arguments in court for about two hours.

“Advocates for the committee read Para no 13 to para no 39 of the suit and countered them by presenting arguments in favour of the Anjuman Intezamia Masjid Committee’s plea,” said Mahendra Prasad Pandey, district government counsel (Civil), on May 30.

Also Read | HC judge who ordered Gyanvapi survey shifted in ‘routine’ transfer

Akhlaque Ahmad, one of the advocates of the Anjuman Intezamia Masjid Committee, said the five Hindu women have filed the case in an individual capacity and don’t represent the entire Hindu community.

So, the case is non-maintainable, Ahmad added.

The Muslim side had also argued that the plea is not maintainable as the ‘Places of Worship Act, 1991’ prohibits conversion of any place of worship and mandates the maintenance of the religious character of any place of worship as it existed on August 15, 1947.

After the suit was filed, a lower court had ordered a videographic survey of the Gyanvapi complex, and the Hindu side had claimed a ‘Shivling’ was found during the exercise.

Subhash Nandan Chaturvedi, one of the advocates for the Hindu petitioners, said: “We have many arguments to prove that the case is maintainable. We will present our arguments in court and prove it.”

On Sunday, (July 3), Shivam Gaur, an advocate for one of the woman petitioner Rakhi Singh, said, “We are ready with our arguments. We will present them in the court after advocates for the Anjuman Intezamia Masajid Committee complete their submission.”

The suit in the Maa Shringar Gauri-Gyanvapi case was filed by five Hindu women in August 2021.

The Supreme Court had on May 20 transferred the Shringar Gauri-Gyanvapi case from a civil judge (senior division) to the district judge, saying looking at the ‘complexities’ and ‘sensitivity’ of the issue, it is better if a senior judicial officer having experience of over 25-30 years handles this case.

The SC bench, which also included Justice Surya Kant and Justice PS Narasimha, said the district judge shall decide on priority the application of the Gyanvapi mosque management committee, which claims that the case of the Hindu petitioners is barred by the Places of Worship Act, 1991, which mandates the maintenance of the religious character of any place of worship as it existed on August 15, 1947.

The hearing in the district court regarding the maintainability of the case began on May 26.

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