Gyanvapi Case: Anjuman Committee Concludes Its Arguments Opposing Maintainability Of Hindu Worshippers' Suit Before Varanasi Court

The Anjuman Islamia Masjid committee today concluded its arguments before the Varanasi District Court on its Order 7 Rule 11 CPC application questioning the maintainability of the suit filed by five Hindu women (plaintiffs) over the Gyanvapi Mosque-Kashi Vishwanath temple dispute.Today's hearing lasted for more than 2 hours, wherein the Anjuman Committee concluded its argument, and the original plaintiffs/5 Hindu women worshippers started their arguments challenging the Order 7 Rule 11 CPC application filed by the original defendants.The 5 Hindu worshippers argued that by merely by offering Namaz, no place becomes a mosque as sometimes, prayers are offered in a public place under certain circumstances, but by doing so, that place does not become a mosque.District Judge Dr. Ajay Krishna Vishwesha has posted the matter for the next hearing on July 13. Tomorrow the Hindu worshippers/plaintiffs will continue to argue the same and are expected to present their arguments on the issue of sustainability of the Order 7 Rule 11 CPC application.Arguments put forth by the Anjuman Islamia CommitteeThe Anjuman Committee argued that the plaint filed by the Hindu worshippers is in the nature of public interest, and therefore, such a petition should be filed in the High Court. It was also argued that even if it is accepted that the mosque was built after bulldozing the temple, then also a lawsuit can't be filed for its removal, and rather, an eviction suit should be filed in the instant matter. It was further submitted that the entire property belongs to the Waqf Board and therefore, the Varanasi court does not have jurisdiction to hear the case, but only the Waqf Board has the right to hear it.During the hearing, the Anjuman Committee cited the precedents of the High Court and the Supreme Court to argue that the suit filed by the Hindu worshippers is not maintainable.The case in briefThe Court of Civil Judge Senior Division had, in April 2022, ordered an inspection of the Gyanvapi Mosque premises on the petitions (instant suit) moved by five Hindu women asking for year-long access to pray at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex in Varanasi.The plaintiffs have claimed that the present Mosque premises was once a Hindu temple and it was demolished by Mughal Ruler Aurangzeb thereafter, the present mosque structure was built there.Challenging the suit and plaint of the Hindu worshippers, the Anjuman Islamia Masjid Committee (which managed the affairs of the Gyanvapi Mosque) moved its Order 7 Rule 11 CPC application arguing that the suit is specifically barred by the Places of Worship (Special Provisions) Act, 1991.Earlier, on May 24, the Court had decided to hear the Order 7 Rule 11 CPC application in consonance with the directions of the Supreme Court issued on May 20 wherein it was said that Order 7 Rule 11 CPC application filed by the Anjuman Islamia committee over the maintainability of the suit be decided on priority.The Court is hearing the Order 7 Rule 11 CPC application so as to decide whether the case filed by the Hindu worshippers is maintainable or not.Earlier, the local court [presided by Varanasi civil judge (senior division) Ravi Kumar Diwakar] had earlier appointed a survey commission to submit a report by visiting the mosque. The Court received the survey report on May 19.However, even before the submission of the survey report, the Court, on a submission made by the court-appointed Advocate Commissioner that it had found Shiva Linga inside the Gyanvapi Mosque premises during the survey, had ordered to seal the spot."The District Magistrate, Varanasi is ordered to immediately seal the place where the Shiva linga is found and the entry of any person is prohibited in the sealed place," the court had ordered.Meanwhile, a petition was filed by the Masjid Committee before the Supreme Court challenging the survey ordered by the Varanasi court. Hearing the plea on May 17, the Supreme Court had clarified that the order passed by the Civil Judge Senior Division at Varanasi to protect the spot where a "shiv ling" was claimed to have been found during the survey of the Gyanvapi mosque will not restrict the right of Muslims to access the mosque to offer namaz and to perform religious observances.Further, on May 20, the Supreme Court had transferred the suit filed by Hindu devotees in connection with the Gyanvapi Mosque-Kashi Vishwanath Temple dispute, to the District Court in Varanasi.The Supreme Court also ordered that the application filed by the Committee of Management Anjuman Intezamia Masjid (which manages Gyanvapi mosque in Varanasi) before the trial court under Order 7 Rule 11 CPC for rejection of the suit as being barred in law, shall be decided on priority by the District Judge.Meanwhile, it was also ordered that its interim order dated May 17 shall continue in operation till the application is decided and for a period of 8 weeks thereafter. Further, the concerned District...

Gyanvapi Case: Anjuman Committee Concludes Its Arguments Opposing Maintainability Of Hindu Worshippers' Suit Before Varanasi Court

Sparsh Upadhyay

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