Gyanvapi suit's maintainability to be heard first, objections to report sought: Hindu Adv

The Varanasi District court on Tuesday announced that it will start hearing the maintainability of the plea in the Gyanvapi mosque case on Thursday, May 26. Speaking to reporters, the Hindu side's advocate Vishu Shankar Jain revealed that the court had sought objections to the survey report from both sides within the next 5-7 days and had decided to hear the Muslim side's plea under Order 7 11 CPC first.

"An objection has been asked from both sides. The court will provide a copy of the photography and videography to them. The hearing on the Muslim side's plea under Order 7 11 Rule 11 CPC regarding the rejection of the suit will take place on May 26. Court has asked both sides to file an objection to the commission report, and submit the report within one week," said Vishu Shankar Jain.

Notably, the Hindu side had requested the court to take the commission's report into cognizance while deciding on the maintainability of the suit. Meanwhile, the Muslim side had raised arguments on the Places of Worship Act, 1991, which provides for the maintenance of the religious character of any place of worship as it existed at the time of independence. The copy of the survey report prepared by ousted commissioner Ajay Mishra had been presented to District Judge Dr AK Vishvesha yesterday.

SC transfers Gyanvapi Mosque case to District Judge

The Supreme Court bench headed by the bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha on Friday, May 20, ordered the transfer of the Gyanvapi mosque case to the District Judge, Varanasi. While hearing Anjuman Intezamia Masajid Committee's plea against a Varanasi court order which directed a videography survey of the Gyanvapi Mosque complex close to the famous Kashi Vishwanath Temple, the top court said that a 'slightly more mature and seasoned hand' should handle the case.

During the hearing, the SC had also observed that the application filed by the mosque committee challenging the maintainability of the suit 'shall be decided on priority by the District Judge upon the transfer of the suit". Further, the Court directed District Magistrate (DM) to protect the area where the Shivling was found.