On Tuesday, June 14, the Vishwa Vaidik Sanatan Sangh (VVSS) led by Jitendra Singh ‘Visen’ moved a revision petition before the Varanasi district court demanding that a First Information Report (FIR) be filed against the Anjuman Intezamia Masjid (AIM), the committee that manages the Gyanvapi mosque.
According to a report in the Times of India, the VVSS alleges that the AIM has damaged the basic structure of the Lord Visheshwar temple located on the mosque premises, and demanded that the FIR be filed as per provisions of the Places of Worship Act. It is noteworthy that previously the court of the special chief judicial magistrate had rejected this petition. The VVSS then moved the district court, but as the district judge was on leave, the application was moved before the court of the Additional District Judge (II) and it was admitted. This matter has now been admitted by the court and will be heard on June 23.
Readers would recall that VVSS had moved another petition on May 24, demanding a ban on the entry of Muslims in the Gyanvapi premises. But this petition that was originally moved before the court of civil judge (senior division) Ravi Kumar Diwakar, was subsequently transferred on May 25 by District Judge Ajay Krishna Vishvesha to the fast-track court of civil judge (senior division) Mahendra Kumar Pandey.
This was after the Supreme Court transferred the case involving maintainability of the suit under Order 7 Rule 11 of the Civil Procedure Code from the court of judge Diwakar to the district judge. That matter is scheduled to be heard on July 4, while the matter in the fast-track court will be heard next on July 8.
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, three more parties – Lord Vishweshara (through next friend) Hindu Sena, Brahmin Sabha, and Nirmohi Akhara, have also approached the court seeking impleadment in the suit as plaintiffs.
Parallel petitions
On June 8, 2022, the Varanasi district court rejected the plea filed by Swami Avimukteshwaranand seeking permission to offer prayers to the structure found inside the Gyanvapi mosque complex which has been claimed to be a ‘Shivling’ as per the survey report of the ordered by the Court.
An urgent hearing was sought on the said application filed on June 4 seeking the right to worship of the alleged Shivling’s worship, bath, makeup and raga-bhog be given immediately. However, after hearing the matter, the district judge Ajay Krishna Vishwesha rejected the application reportedly stating, “The application presented by the applicant does not appear to be of urgent nature. The application submitted by the applicant for grant of permission to present the suit in summer vacation is rejected.”
Meanwhile, Jamiat Ulama-i-Hind moved the SC seeking to become a party in the PIL challenging the constitutional validity of provisions of the Places of Worship (Special Provisions) Act, 1991 which froze the religious character of structures as it was at the time of independence.
Related:
Gyanvapi case: Survey report findings leaked despite court’s warning
Gyanvapi case: District court adjourns hearings in maintainability suit till July 4
Gyanvapi case: Hearing continues on provisions of Order 7 Rule 11 of CPC
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
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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
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Gyanvapi case: One out of five withdrawing name from Maa Shringar Gauri temple petition?
Gyanvapi case: Videographic survey of Maa Shringar Gauri temple begins
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