On Tuesday, May 24, the Varanasi District Court announced that it would first hear the appeal filed by the defendants about the maintainability of the suit against the Gyanvapi mosque under Order 7 Rule 11 of the Civil Procedure Code (CPC). It has set May 26 as the date for hearing.
The court has also granted both parties seven days to file objections to the findings of the video survey as recorded in a report by the Advocate Commissioners in their report.
Order 7, Rule 11 of the CPC
According to Order 7, Rule 11 of the CPC, a court can reject a plaint:
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law.
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 the Anjuman Intezamia Masjid (AIM), which is the mosque management authority. AIM is the defendant in the case. 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.
The “Shivling” controversy and fresh applications
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 Wazu Khana (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.
At this point, the Hindu petitioners also moved a plea before the District Judge for permission to offer prayers at a spot where a “Shivling” was allegedly discovered. This despite the fact that the findings of the video survey have officially not been made public even now, and no competent authority has confirmed that the structure is indeed a “Shivling”. The AIM says that it is a portion of an old defunct fountain. In fact, not one but two Mahants of the Kashi Vishwanath temple have also debunked “Shivling” claims and said that just about any stone sculpture cannot be labelled a “Shivling”. Additionally, 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.
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