The Gyanvapi Masjid case, the Varanasi court dismissed the Muslim side’s plea questioning the maintainability of the suit filed by five women of the Hindu faith. On Monday, district judge Ajay Krishna Vishvesh upheld the maintainability plea of the Hindu petitioners seeking permission to offer prayers (darshan) to Hindu deities on the outer wall of the Gyanvapi Mosque complex.
In accordance with the order rendered earlier today, Anjuman Islamia Committee’s question about the plea filed by the Hindu worshippers has been rejected. With this, the five worshippers’ plea seeking permission to ‘darshan’ Maa Shringar Gauri, on the complex’s outer wall, will be heard before the Varanasi court.
Here are the top takeaways from the order rendered on September 12:
- The Varanasi district court has ruled in favour of the parties of the Hindu side on aspects of the maintainability of the Shringar Gauri Gyanvapi Masjid case. The trials pertained to whether the civil suit for seeking permission to ‘darshan’ was maintainable and whether the plea was based on tenable grounds.
- District judge AK Vishvesh ordered that the suit, filed by Hindu petitioners, is not barred by The Places of Worship Act. Advocate Vishnu Jain, appearing for the Hindu worshippers, during a hearing on the case on July 4, said, “Those who are referring to the [Places of Worship] Act 1991 should know that if a Shivling is found there which is years old, then the Act is not applicable. We will present this matter in court.”
On Monday, the judge Vishvesh said there was no bar imposed by the Act regarding the suit claiming the right to worship idols installed in the endowment, within the premises of the temple, or outside.
- The judge said that the defendants, i.e. the mosque committee, failed to prove that the suit of the plaintiffs is barred by the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983.
- The Varanasi district court held that the application filed by the defendants, i.e. the mosque committee, that challenged the maintainability of the suit filed by Hindu worshippers is liable to be dismissed.
- The Varanasi District Court has held that the suit filed by the Hindu parties claiming their right to worship is liable to be heard on merits. The court said that the civil suit seeking permission to worship on the mosque premises is liable to be heard on merits.
- The court further held that the application by the mosque committee failed to prove their stand under Order 7, Rule 11 application on the issue of maintainability. The Order provides for suits and trials wherein the court shall reject the plaint. In the case at hand, the mosque side contested that the suit should be rejected as it is barred by other law. However, the court, in this instance, said that the suit was not barred by The Place of Worship Act or the Waqf Act.
“In the present case, the plaintiffs have claimed relief that they should be allowed to worship the deities of Maa Sringar Gauri and other Gods and Goddesses in the disputed property but such relief is not covered under Sections 33, 35, 47, 48, 51, 54, 61, 64, 67, 72, & 73 of the Waqf Act. Therefore, the jurisdiction of this court to entertain the present suit is not barred,” the order read.
“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 is liable to be dismissed,” the Varanasi court’s order read.
- The Varanasi court has asked all parties to file written submissions on the merits of the suit by September 22.
- The court stated that it will consider the framing of issues in the case at hand on September 22.
- The district court in its order said that applications that have been filed asking to be added as parties will be decided on September 22.
“Fix 22.09.2022 for filing written statement and framing of issues. The applications pending under Order 1 Rule 10 C.P.C. by different applicants shall also be disposed of on this day,” judge AK Vishvesha ordered.