Lagatar24 Desk
New Delhi, Nov 17: Varanasi court on Thursday ruled that a lawsuit brought by Hindu parties demanding possession of the Gyanvapi Mosque is maintainable.
The Muslim party to the case, Anjuman Masjid Committee had filed an application under Order 7 Rule 11 Code of Civil Procedure (CPC) challenging the maintainability of suit.
Mahendra Kumar Pandey, a civil judge of the senior division, issued the ruling today, finding it to be maintainable. On December 2, the case will be heard once more.
The following reliefs are sought in the lawsuit brought by Kiran Singh, the Vishwa Vedic Sanatan Sangh’s (VVSS) international general secretary:
- possession of the entire Gyanvapi complex be handed over to the Hindus;
- plaintiffs be allowed to offer their prayers to Swayambhu Jyotirlinga Bhagwan Vishweshwar and worship the ‘Shiva Linga’ reportedly found inside the Mosque premises on May 16.
The current lawsuit is distinct from the five Hindu women worshipers’ ongoing Varanasi court case, which is seeking year-round access to pray within the Gyanvapi Mosque.
The district court rejected a request from four Hindu parties in October to direct the ASI to conduct a scientific investigation to determine whether an object discovered while surveying the grounds of the Gyanvapi Mosque is a Shivalinga or a fountain.
The judge referred to the Supreme Court’s directive to seal the location of the Shivalinga’s discovery. The judge decided that no scientific investigation could be permitted in light of this.
The Gyanvapi issue began when Hindu devotees petitioned a civil court, arguing that because the Gyanvapi Mosque was once a Hindu temple and still housing Hindu idols, they should be allowed to practise their religion there.
A survey of the mosque by an advocate commissioner was mandated by the civil court. After conducting the video graphed survey, the advocate commissioner provided a report to the civil court.
However, due to the delicate nature of the issue at hand, the Supreme Court on May 20 transferred the civil court’s case to the District Judge.
On September 12, the District Court ruled that the Places of Worship (Special Provisions) Act, 1991 did not preclude the lawsuit. The Hindu parties then moved the present application before the Court seeking carbon dating.
