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Gyanvapi Mosque Committee Objects To Hindu Worshippers' 'Shiva Linga' Scientific Probe Plea, Varanasi Court Adjourns Case Till Oct 14

Sparsh Upadhyay
11 Oct 2022 9:49 AM GMT
Gyanvapi, Varanasi Court, Maintainability Of Suit, possession handover, challenge, Anjuman masjid committee, dismissed, Gyan Vapi masjid premises, shiva linga, Vishwa Vedic Sanatan Sangh (VVSS) Swayambhu Jyotirlinga Bhagwan Vishweshwar,

The Varanasi Court today adjourned the hearing to October 14 in a plea moved by the Hindu worshippers seeking a scientific investigation into 'Shiva Linga', reportedly found inside the Gyanvapi Mosque premises.

District Judge AK Vishvesha adjourned the hearing after the Anjuman Intezamia Committee (which manages Gyanvapi mosque) objected to the plea moved by Hindu worshippers. The Court is likely to pronounce the order on October 14.

It may be noted that earlier, on October 7, the Varanasi Court had deferred the hearing on the plea after seeking clarifications from the parties on the following two points:

* Whether the structure found inside the Gyanvapi Mosque premises [alleged Shiva Linga] is a part of this suit property or not?

* Can the court issue a commission for scientific investigation?

The counsels for the Hindu Worshippers have already submitted before the Court that the structure ('Shiva Linga') is a part of the suit/case property as its original pleadings state that the suit relates to visible or invisible deities and since the alleged Shiva Linga became visible during the court-appointed survey, the same would definitely be a suit property.

It was also clarified that under Order 26 Rule 10A of CPC, the Court has the power to the Court to issue a commission for scientific investigation. Now, today, the Mosque committee filed its reply in the matter.

Background of the case

Our readers may note that out of the five Hindu women (plaintiffs) in the main suit, 4 women have moved the instant plea for a scientific investigation of the Shiva Linga allegedly found inside the Gyanvapi Mosque premises. One of the plaintiffs (Rakhi Singh) had opposed the plea for Carbon dating.

It may be noted that the 4 plaintiffs have moved an application under Order 26 Rule 10A of CPC which provides the power to the Court to issue a commission for scientific investigation.

This plea had been moved 10 days after the Varanasi Court dismissed the Anjuman Islamia Masjid committee's plea (filed under Order 7 Rule 11 CPC) challenging the maintainability of the suit filed by five Hindu women (plaintiffs) seeking worshipping rights in the Gyanvapi Mosque compound.

Read more about the Court's order here: Plaint Avers Hindu Deities Were Worshipped Inside Gyanvapi Mosque Complex Even After Aug 15, 1947; Places Of Worship Act No Bar To Suit: Varanasi Court

The claims regarding the Shiva Linga's presence within the Gyanvapi Mosque premises were made prominently on May 16 when the court-appointed Advocate Commissioner had submitted that he had found a Shiva Linga inside the Gyanvapi Mosque premises during the survey. Pursuant to this, the Court had ordered to seal the place/area concerned.

"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 operative portion of the order reads.

The Court had also directed District Magistrate, Police Commissioner, and CRPF Commandment, Varanasi, to ensure the protection of the sealed place where Shivling has reportedly been found in the survey of the Gyanvapi mosque.

Later on, 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.

For the uninitiated, the Varanasi Court in April 2022 ordered an inspection of the premises on petitions 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.

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