Gyanvapi row: Court to decide maintainability of Hindu Side's plea, hearing to resume

The Varanasi district court will resume hearing in the Gyanvapi row for the Hindu Side's plea on maintainability of the complex. The civil judge on Tuesday had listed the hearing for May 26. Meanwhile, the court had noted that it will first hear the Order 7/Rule 11 petition filed by the Muslim side, to decide if the civil suit by Hindus seeking worship rights inside Gyanvapi Mosque is maintainable or not.

On May 20, the Supreme Court transferred the Gyanvapi Mosque case from the trial court of Varanasi to the district court, saying that the complexities and sensitivity of the issue should be heard by a “senior and experienced judicial officer”. Following this, District government counsel Rana Sanjeev Singh confirmed that district court Judge Ajay Kumar Vishwesha will hear the matter on Thursday as per directions of the Supreme Court.

Meanwhile, District and Sessions Judge Ajay Kumar Vishwesha also ordered the copies of the Gyanvapi survey report be given to both Hindu and Muslim sides and gave a week’s time to file objections. The Judge will hear the plea of the Muslim side today, which states the suit doesn't have merit as it violates the Places of Worship (Special Provisions) Act, 1991, the Act that provides for the maintenance of the religious character of any place of worship as it existed at the time of independence. Meanwhile, the Hindu side had urged the District Judge to grant access to the CD, Photographs, and other contents of the survey report on the Gyanvapi Mosque.

Plea for Shivling worship transferred to fast track court

Meanwhile, a fresh petition filed by Kiren Singh Bisen was transferred from the court of the Civil Judge to the fast track court on Wednesday. The plea filed by the General Secretary of Vishwa Vaidik Sanatan Sangh has been scheduled for hearing before the fast track court on May 30, Monday. The case will be heard by Justice Mahendra Pandey.

Speaking to the media, the lawyer of the Hindu side reiterated three demands: "The first prayer is that ownership of the premises is declared. Second, the illegal encroachment..the structure that has been created on the premises be demolished. And third, if there is any obstruction, the same be removed, paving way for the complete worship by the Hindus of the Shivling on the premises with the help and support of the administration." 

Gyanvapi row

The present legal battle began with a petition filed seeking permission for daily worship and observance of rituals of Goddess Shringar Gauri, Lord Ganesha, Lord Hanuman and Nandi located at the back of the western wall of the Gyanvapi Mosque. The petitioners contended that Goddess Shringar Gauri existed at the spot since times immemorial and urged the court to ascertain the same. The top court on May 20 had transferred the civil suit filed by Hindu devotees on Gyanvapi mosque from civil judge (senior division) to district judge, Varanasi saying looking at the complexities and sensitivity of the issue, it is better if a senior judicial officer having an experience of over 25-30 years handles this case. 

Image: PTI/ SHUTTERSTOCK