Gyanvapi mosque case: Allahabad HC junks Muslim side's plea against right to worship by Hindu women
3 min read 31 May 2023, 04:43 PM ISTThe petitioners have also challenged a Varanasi court order dated April 8, 2021, directing the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Gyanvapi mosque complex
PremiumAllahabad High Court on Wednesday dismissed the Muslim side's plea challenging the maintainability of five Hindu women worshippers' suit filed in Varanasi Court seeking the right to worship inside Gyanvapi mosque in Varanasi.
"I hope that the day is not far when we will construct a grand Shiv temple there and the present structure will be removed," says Hari Shankar Jain, advocate representing the Hindu side on Allahabad HC upholding the maintainability of suit filed by five women worshippers seeking the right to worship inside Gyanvapi mosque in Varanasi.
“It is a historic verdict. The court clearly has said that Anjuman Intezamia Mosque Committee's petition is not maintainable and dismissed it," said Vishnu Shankar Jain, representing the Hindu side in the Gyanvapi mosque case.
“It is a big win for the Hindu side. We welcome the decision of the court to dismiss Order 7 Rule CPC plea filed by Anjuman Intazamia Mosque Committee which challenged the maintainability of the suit of five Hindu women worshippers seeking the right to worship inside Gyanvapi mosque," said Subhash Nandan Chaturvedi, lawyer representing the Hindu side, in Varanasi.
The court had also given time till May 19 to the Anjuman Intezamia Masjid Committee to file objections to the fresh petition filed by the Hindu side.
A copy of the application was also given to the Masjid Committee.
The petition was filed after the Allahabad High Court had ordered the ASI to conduct a scientific survey of the alleged shivling-like structure that was found in the Gyanvapi complex by the ASI last year.
Later, the Hindu side came up with a fresh demand of conducting a survey of the entire complex instead of restricting it to the 'shivling' alone.
Supreme Court lawyer Vishnu Shankar Jain, on behalf of six petitioners, has requested a survey of the entire area.
"We had filed an application that the whole premises of the alleged mosque should be surveyed using Ground Penetrating Radar. Today, District Court, Varanasi has directed Anjuman Intezamia, UP govt to file its objection in court by May 19, next hearing May 22," Advocate Vishnu Shankar Jain told the reporters.
The petition has been filed on behalf of Ram Prasad Singh, Mahant Shiv Prasad Pandey, Lakshmi Devi, Sita Sahu, Manju Vyas and Rekha Pathak
The Allahabad High Court on Friday, allowed the Archeological Survey of India (ASI) to conduct carbon dating of alleged 'Shivling', which was found during the survey in the Gyanvapi Mosque campus.
The 'Wazu' area of the Gyanvapi mosque is the centre of the Gyanvapi mosque-Kashi Vishwanath temple dispute between Hindus and Muslims since the Hindu parties claim that 'Shivling' has been found in that spot, however, the Muslim side disputed the same and said that it is only a water fountain.
On May 20, 2022, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the district judge, Varanasi. On May 17, 2022, in an interim order, the top court directed the authorities to protect the 'Wazu' area where the 'Shivling' was reportedly found and granted access to Muslims for namaz.
However, the Supreme Court on Friday deferred the "scientific survey", including carbon dating, of a "Shivling" said to have been found at the Gyanvapi mosque complex in Varanasi during a videographic survey last year
The Allahabad High Court will further hear on July 14 a plea moved by the Uttar Pradesh Sunni Waqf Board and the Gyanvapi mosque management committee that has challenged the maintainability of a suit filed before a Varanasi court, seeking the restoration of a temple at the site where the mosque exists.
The petitioners have also challenged a Varanasi court order dated April 8, 2021, directing the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Gyanvapi mosque complex.
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