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Gyanvapi case: Hearing continues on provisions of Order 7 Rule 11 of CPC

Both sides given copies of videography report, mosque management committee said “Shivling” rumours were being spread to stir up people’s sentiments

Sabrangindia 26 May 2022

wikipedia

On May 26, the Court of the District Judge, Varanasi began hearing arguments pertaining to the maintainability of the law suit against the Gyanvapi mosque. The media were barred from entering the court, but information became available after proceedings ended.

Parties present inside the court were restricted to the Hindu petitioners, the AnjumanIntezamia Masjid (AIM) who is the defendant, their respective lawyers and the court-appointed Advocate Commissioners who had conducted a video survey of the mosque and submitted a report on May 19, 2022. LiveLaw reported that two unauthorized persons were removed from the court.

The AIM argued against the maintainability of the suit given provisions of Order 7 Rule 11 of the Civil Procedure Code (CPC), and sought that the plea filed by the Hindu women petitioners be rejected. According to LiveLaw, the AIM, which is the mosque management committee, also said that rumours were being spread about the alleged discovery of a “Shivling” to stir up communal passions. Readers would recall that recently, not one, but two priests associated with the Kashi Vishwanath temple had debunked the claim that the stone structure found inside the WazuKhana (ablution tank) of the Gyanvapi mosque was a “Shivling”. Senior Advocate Abhay Nath Yadav led the arguments for AIM.

Both parties were given copies of the Advocate Commissioners’ report on the video survey. After hearing concluded for the day, the court adjourned the matter till 2 P.M on May 30.

Brief background of the case

The suit was originally filed in August 2021, by a few Hindu women before the Civil Court (Senior Division), demanding that the Maa Shringar Gauri Temple located on the premises of the Gyanvapi mosque be reopened, and people be allowed to offer prayers before the idols that are still kept there. The petitioners cited the right to practice one’s faith and religious freedom guaranteed by Article 25 of the Constitution.

Following this a video survey of the area was ordered and the survey was carried out despite objections raised by AIM. After the Allahabad High Court denied their appeal against the survey, the AIM moved SC where it highlighted how the Places of Worship Act, 1991, prohibits changing the character of a place of worship from what it was on August 15, 1947. Thus, AIM said that the suit was not maintainable as per Order 7, Rule 11 (d) of the CPC.

Meanwhile, the Advocate Commissioners in charge of the survey submitted their findings in a survey report, as well as the data card containing videos and images to the court of Civil Judge (Senior Division) Ravi Kumar Diwakar, who had originally ordered the survey. Even before the survey report was submitted, lawyers of the Hindu petitioners claimed that a “Shivling” had been discovered in the WazuKhana (ablution tank) of the mosque, and the lower court ordered it sealed. The AIM appealed against this order that was passed even as the SC was hearing AIM’s plea against the maintainability of the suit.

The Supreme Court then permitted the place to be sealed but ordered that this should not cause any inconvenience to Muslims to access the mosque and offer prayers. The SC then transferred the case to the court of a more experienced District Judge to decide upon the maintainability of the suit given Order 7, Rule 11.

Meanwhile, the Hindu Sena has also filed an application before the Varanasi District Judge to be made party to the suit. They have also demanded that the Gyanvapi site be handed over to Hindus for worship. Their application has not been heard yet, as the court has to first rule on maintainability of the suit itself.

Related:

Gyanvapi case: Two Kashi Vishwanath Mahants debunk ‘Shivling’ claims

Gyanvapi case: SC transfers the case from Trial Court to District Court

Gyanvapi case: Mosque authorities advise devotees against turning up for namaz in large numbers

Varanasi peace activists begin campaign to maintain communal harmony

Halt Gyan Vapi proceedings today: SC to Varanasi Court

Gyanvapi case: Video survey report to be submitted before Varanasi court today

Gyanvapi case: “Shivling” controversy continues

SC orders "Shivling" to be protected without denying Muslims access to the mosque

Gyanvapi case: Varanasi court removes controversial Advocate Commissioner

Shivling ‘found’ on Gyanvapi mosque premises, court orders area sealed

Gyanvapi case: Two more advocate commissioners added to Shringar Gauri survey team

Gyanvapi case: Court to pronounce order in Shringar Gauri temple survey matter today

Gyanvapi case: One out of five withdrawing name from Maa Shringar Gauri temple petition?

Gyanvapi case: Videographic survey of Maa Shringar Gauri temple begins

Gyanvapi case: Allahabad HC stays ASI survey, proceedings before lower court

Gyanvapi case: Varanasi court to hear petition to hold prayers in Shringar Gauri temple

Gyanvapi case: Hearing continues on provisions of Order 7 Rule 11 of CPC

Both sides given copies of videography report, mosque management committee said “Shivling” rumours were being spread to stir up people’s sentiments

wikipedia

On May 26, the Court of the District Judge, Varanasi began hearing arguments pertaining to the maintainability of the law suit against the Gyanvapi mosque. The media were barred from entering the court, but information became available after proceedings ended.

Parties present inside the court were restricted to the Hindu petitioners, the AnjumanIntezamia Masjid (AIM) who is the defendant, their respective lawyers and the court-appointed Advocate Commissioners who had conducted a video survey of the mosque and submitted a report on May 19, 2022. LiveLaw reported that two unauthorized persons were removed from the court.

The AIM argued against the maintainability of the suit given provisions of Order 7 Rule 11 of the Civil Procedure Code (CPC), and sought that the plea filed by the Hindu women petitioners be rejected. According to LiveLaw, the AIM, which is the mosque management committee, also said that rumours were being spread about the alleged discovery of a “Shivling” to stir up communal passions. Readers would recall that recently, not one, but two priests associated with the Kashi Vishwanath temple had debunked the claim that the stone structure found inside the WazuKhana (ablution tank) of the Gyanvapi mosque was a “Shivling”. Senior Advocate Abhay Nath Yadav led the arguments for AIM.

Both parties were given copies of the Advocate Commissioners’ report on the video survey. After hearing concluded for the day, the court adjourned the matter till 2 P.M on May 30.

Brief background of the case

The suit was originally filed in August 2021, by a few Hindu women before the Civil Court (Senior Division), demanding that the Maa Shringar Gauri Temple located on the premises of the Gyanvapi mosque be reopened, and people be allowed to offer prayers before the idols that are still kept there. The petitioners cited the right to practice one’s faith and religious freedom guaranteed by Article 25 of the Constitution.

Following this a video survey of the area was ordered and the survey was carried out despite objections raised by AIM. After the Allahabad High Court denied their appeal against the survey, the AIM moved SC where it highlighted how the Places of Worship Act, 1991, prohibits changing the character of a place of worship from what it was on August 15, 1947. Thus, AIM said that the suit was not maintainable as per Order 7, Rule 11 (d) of the CPC.

Meanwhile, the Advocate Commissioners in charge of the survey submitted their findings in a survey report, as well as the data card containing videos and images to the court of Civil Judge (Senior Division) Ravi Kumar Diwakar, who had originally ordered the survey. Even before the survey report was submitted, lawyers of the Hindu petitioners claimed that a “Shivling” had been discovered in the WazuKhana (ablution tank) of the mosque, and the lower court ordered it sealed. The AIM appealed against this order that was passed even as the SC was hearing AIM’s plea against the maintainability of the suit.

The Supreme Court then permitted the place to be sealed but ordered that this should not cause any inconvenience to Muslims to access the mosque and offer prayers. The SC then transferred the case to the court of a more experienced District Judge to decide upon the maintainability of the suit given Order 7, Rule 11.

Meanwhile, the Hindu Sena has also filed an application before the Varanasi District Judge to be made party to the suit. They have also demanded that the Gyanvapi site be handed over to Hindus for worship. Their application has not been heard yet, as the court has to first rule on maintainability of the suit itself.

Related:

Gyanvapi case: Two Kashi Vishwanath Mahants debunk ‘Shivling’ claims

Gyanvapi case: SC transfers the case from Trial Court to District Court

Gyanvapi case: Mosque authorities advise devotees against turning up for namaz in large numbers

Varanasi peace activists begin campaign to maintain communal harmony

Halt Gyan Vapi proceedings today: SC to Varanasi Court

Gyanvapi case: Video survey report to be submitted before Varanasi court today

Gyanvapi case: “Shivling” controversy continues

SC orders "Shivling" to be protected without denying Muslims access to the mosque

Gyanvapi case: Varanasi court removes controversial Advocate Commissioner

Shivling ‘found’ on Gyanvapi mosque premises, court orders area sealed

Gyanvapi case: Two more advocate commissioners added to Shringar Gauri survey team

Gyanvapi case: Court to pronounce order in Shringar Gauri temple survey matter today

Gyanvapi case: One out of five withdrawing name from Maa Shringar Gauri temple petition?

Gyanvapi case: Videographic survey of Maa Shringar Gauri temple begins

Gyanvapi case: Allahabad HC stays ASI survey, proceedings before lower court

Gyanvapi case: Varanasi court to hear petition to hold prayers in Shringar Gauri temple

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