Gyanvapi Dispute: Varanasi Court Reserves Order On Masjid Committee's Challenge To Maintainability Of Hindu Worshippers' Suit

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.

On the other hand, the Anjuman Masjid committee has argued in its objection and order 7 rule 11 application that the suit is specifically barred by the Places of Worship (Special Provisions) Act, 1991.

The background of the Case

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 had 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 Magistrate was directed to make proper arrangements for observance of wuzu.