Skip to main content
Sabrang
Sabrang
Communalism

Gyan Vapi case: New petition admitted, notice issued

Yet another petition filed; this one demands all 5 acres be returned to the temple, and previously demolished temple structure be restored

Sabrangindia 19 Mar 2021

Image Courtesy:theindiaprint.com

In fresh developments in the Kashi Vishwanath temple - Gyan Vapi mosque case, the court of Civil Judge (Senior Division) Mahendra Kumar Singh has admitted a new petition related to the case, reports Aaj Tak. The court also clarified that since the primary matter relates to offering prayers, there are sufficient grounds for the case to be handled by a civil court.

The new plea demands that an area of the Adi Vishweshwar temple, that is currently deemed ‘occupied’ by the petitioner, be freed, and that the portion of the temple that was demolished on the instructions of Mughal emperor Aurangzeb, be rebuilt. The court has now issued notice to the Union of India, Uttar Pradesh Government, the district administration, Varanasi SSP, UP Sunni Central Waqf Board, Anjuman Intezamia Masjid Committee and Kashi Vishwanath Mandir Trust making them s=respondents in the case.

It may be recalled that on February 18, a suit seeking “restoration of performance of rituals at the principal seat of an Ancient Temple at the Gyanvapi mosque area” was filed before a district court. The suit stated that every citizen has a fundamental right to perform pooja, worship and rituals according to the tenets of his religion within the ambit of Article 25 and any obstacle created before January 26, 1950 has become null and void by virtue of Article 13(1). Therefore, the plea states, “An idol worshipper cannot complete his pooja and gain spiritual advantages without having objects of worship. Any hindrance/ obstacle created in performance of pooja, is denial of right to religion guaranteed under Article 25 of the Constitution of India”. This suit has been filed by ten individuals acting as next friends of deities claimed to be existing in the mosque precincts including Maa Shringar Gauri, Lord Ganesh and Lord Shiva.

It is also noteworthy that on March 11, the court of Civil Judge (Senior Division) Kumud Lata Tripathi had issued notice to Central government, UP government, Varanasi District Magistrate, Senior Superintendent of Police, Varanasi, UP Muslim Personal Law Board, mosque management- Anjuman Intazamia and Board of trustees of Kashi Vishwanath Temple. The court had also fixed April 2 as the date for filing written statements and April 9 for framing of issues.

Meanwhile, on March 13, BJP leader Ashwini Upadhyay filed a petition before the Supreme Court challenging the constitutional validity of the Places of Worship (Special Provisions) Act 1991 as it bars remedies against illegal encroachment on the places of worship and pilgrimages prior to August 15, 1947. The petition asserts that the law has created an arbitrary, irrational retrospective cut-off date and in the process has legalised the illegal acts of invaders who encroached upon religious institutions back in the day. The plea submits that the provisions of the law, particularly, section 2,3 and 4 take away rights of Hindus, Jains, Buddhists, and Sikhs to reclaim their places of worship through Courts. A bench of CJI SA Bode and Justice AS Bopanna issued notice to the Ministry of Home Affairs, Ministry of Law and the Ministry of Culture.

Related:

Gyanvapi case: Varanasi court issues notice
Gyanvapi well becomes part of Kashi-Vishwanath temple
Gyanvyapi mosque case: Suit filed in Varanasi court for restoration of temple
Monk group demands Muslims return “Hindu property”

Gyan Vapi case: New petition admitted, notice issued

Yet another petition filed; this one demands all 5 acres be returned to the temple, and previously demolished temple structure be restored

Image Courtesy:theindiaprint.com

In fresh developments in the Kashi Vishwanath temple - Gyan Vapi mosque case, the court of Civil Judge (Senior Division) Mahendra Kumar Singh has admitted a new petition related to the case, reports Aaj Tak. The court also clarified that since the primary matter relates to offering prayers, there are sufficient grounds for the case to be handled by a civil court.

The new plea demands that an area of the Adi Vishweshwar temple, that is currently deemed ‘occupied’ by the petitioner, be freed, and that the portion of the temple that was demolished on the instructions of Mughal emperor Aurangzeb, be rebuilt. The court has now issued notice to the Union of India, Uttar Pradesh Government, the district administration, Varanasi SSP, UP Sunni Central Waqf Board, Anjuman Intezamia Masjid Committee and Kashi Vishwanath Mandir Trust making them s=respondents in the case.

It may be recalled that on February 18, a suit seeking “restoration of performance of rituals at the principal seat of an Ancient Temple at the Gyanvapi mosque area” was filed before a district court. The suit stated that every citizen has a fundamental right to perform pooja, worship and rituals according to the tenets of his religion within the ambit of Article 25 and any obstacle created before January 26, 1950 has become null and void by virtue of Article 13(1). Therefore, the plea states, “An idol worshipper cannot complete his pooja and gain spiritual advantages without having objects of worship. Any hindrance/ obstacle created in performance of pooja, is denial of right to religion guaranteed under Article 25 of the Constitution of India”. This suit has been filed by ten individuals acting as next friends of deities claimed to be existing in the mosque precincts including Maa Shringar Gauri, Lord Ganesh and Lord Shiva.

It is also noteworthy that on March 11, the court of Civil Judge (Senior Division) Kumud Lata Tripathi had issued notice to Central government, UP government, Varanasi District Magistrate, Senior Superintendent of Police, Varanasi, UP Muslim Personal Law Board, mosque management- Anjuman Intazamia and Board of trustees of Kashi Vishwanath Temple. The court had also fixed April 2 as the date for filing written statements and April 9 for framing of issues.

Meanwhile, on March 13, BJP leader Ashwini Upadhyay filed a petition before the Supreme Court challenging the constitutional validity of the Places of Worship (Special Provisions) Act 1991 as it bars remedies against illegal encroachment on the places of worship and pilgrimages prior to August 15, 1947. The petition asserts that the law has created an arbitrary, irrational retrospective cut-off date and in the process has legalised the illegal acts of invaders who encroached upon religious institutions back in the day. The plea submits that the provisions of the law, particularly, section 2,3 and 4 take away rights of Hindus, Jains, Buddhists, and Sikhs to reclaim their places of worship through Courts. A bench of CJI SA Bode and Justice AS Bopanna issued notice to the Ministry of Home Affairs, Ministry of Law and the Ministry of Culture.

Related:

Gyanvapi case: Varanasi court issues notice
Gyanvapi well becomes part of Kashi-Vishwanath temple
Gyanvyapi mosque case: Suit filed in Varanasi court for restoration of temple
Monk group demands Muslims return “Hindu property”

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Archives