Survey of Gyanvapi Masjid: Hearing in Supreme Court tomorrow after the verdict of Varanasi court

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On Monday, on the orders of the Varanasi court, the survey has been completed in Gyanvapi Masjid. After which the matter has now reached the Supreme Court, whose hearing will be held on Tuesday.

New Delhi :

The Supreme Court will hear the petition of the Masjid Committee against the survey in Gyanvapi Masjid. On Monday, on the orders of the Varanasi court, the survey has been completed in Gyanvapi Masjid. After which the matter has now reached the Supreme Court, whose hearing will be held on Tuesday. Tomorrow is being said to be very important in the matter when the hearing will be held in the lower court of Varanasi and the legal battle will also take place in the Supreme Court on the demand to stop the entire proceedings. On the other hand, the Anjuman Intezamiya Masajid Management Committee of the Muslim community has termed the survey given in the Gyanvapi Masjid premises as an attempt to disturb communal harmony and a violation of the Place of Worship Act.

Actually this matter is going on in the courts since 1991. Significantly, in this case, a suit was filed in the year 1991 by the devotees of Kashi Vishwanath temple alleging that the mosque was built after the demolition of the temple of Lord Vishweshwar by the Mughal emperor Aurangzeb. Apart from this, another case was filed in 2021 by women devotees and worshipers of Lord Shiva. It sought “resumption of ritual performance at the prime seat of an ancient temple in the Gyanvapi Masjid area while practicing Vedic Sanatan Hinduism” before the Senior Civil Judge, Varanasi.

Now it has reached the Supreme Court. Earlier, since 1991, several orders were passed by both the Civil Court in Varanasi and the Allahabad High Court. The proceedings of the 1991 suit have been stayed by the Allahabad High Court. The petitioner has submitted that the High Court has failed to note that a second bench has stayed the proceedings. It is worth noting that this second application has been filed to avoid that decision. Further, the petitioner has said that it is an attempt to disturb the communal harmony and peace. Also in violation of the Places of Worship (Special Provisions) Act, 1991. In the case of 1991, orders for ASI inspection were given. After which the High Court had stayed the inspection order on 9 September 2021 and further proceedings in the 1991 case.

Let us tell you, this case filed is barred by the provisions of the Place of Worship (Special Provisions) Act, 1991. Therefore, all the three orders passed by the Civil Judge Senior Division, Varanasi on 18 April 2021 and 5 and 8 April 2022 regarding the survey are out of jurisdiction and against the scheme of the Place of Worship Act.

In this case, the order dated 18 August 2021 was an ex parte order allowing application for appointment of an Advocate Commissioner to conduct a local survey of the property. In the order of 5 April, the objections of the mosque management for the appointment of Advocate Commissioner were dismissed. In the order dated 8th April, it was directed to appoint Advocate Mishra as Advocate Commissioner. In which these three orders were challenged by the petitioner before the High Court.

With the proceedings relating to the dispute before the High Court, the 2021 case is an abuse of the process of law. In the case of 2021, the proceedings should be stayed. The High Court should have understood that it is an established law that a local survey or commission by the court is done only in cases where the court is not able to arrive at a conclusion on the basis of the evidence led by the parties. or where the court feels that there is some ambiguity in the evidence which can be clarified by making a local inspection or commission. It cannot be claimed as a right by any party. The court could not appoint an Advocate Commissioner on the suggested choice of the plaintiff. The court had appointed advocate Ajay Kumar Mishra, who was specifically assigned to the Hindu side, to conduct the survey of the property.
was sought by in December 2021.

The timeline of the case has also been given in the petition.

• Original suit of 1991 – An original suit was filed by Swayambhu Bhagwan Vishweshwar and others on 15.10.1991 in the court of Civil Judge Varanasi making Anjuman Intezamiya Masajid Varanasi a party. In which it was said that the structure on the disputed land is the property of the devotees of Lord Vishweshwar. Hindus at large have every right to use it as a place of worship. At the same time, it was also said that the Muslim side has no right, title or interest of any kind and the entire Muslim community has no right to occupy the land.

• The disputed site is the abode of the self-styled god Visheshwar and cannot be made a place of worship for other religions

• An interim order was passed in 1998 in a petition filed by Anjuman Intezamiya Masajid, Varanasi, granting an interim stay on the hearing of the disputed dispute and staying further proceedings in relation to the 1991 case.

• On February 4, 2020, a trial court in Varanasi, hearing the original suit filed in 1991, decided to continue hearing the dispute.

• The High Court on 26 February 2020 stayed the lower court’s decision to proceed with the trial of the dispute.

• On 8 March 2020, the High Court reserved the decision.

• But before the High Court could give its verdict, in the 1991 case, on 8 April 2021, the Civil Court directed the ASI to inspect.

• The civil judge accepted the application of Hindu devotees surveyed by ASI.

• It was directed that the main objective of the archaeological survey would be to find out whether the religious structure currently standing at the disputed site has been altered or has any structural overlapping, or any other religious structure.

• Also, whether any temple belonging to the Hindu community existed at the disputed site before the construction or annexation or addition of the disputed mosque.
• The mosque management had challenged the order of April 8 in the High Court.

• But the hearing did not take place due to the second wave of the Kovid 19 epidemic.

• Two amendment petitions were filed by UP Sunni Central Waqf Board and Anjuman Intezamiya Masajid.

• After this, a petition was filed before the High Court seeking a direction to the District Judge Varanasi to take the decision and decide on the amendments.

• A revision application was filed by him with a prayer for quashing the order dated 08.04.2021 by the Civil Judge.

• The High Court, through its order dated 9 September 2021, stayed the further proceedings on the original case and allowed the amendment application.

• The High Court had held that since the trial court was fully aware, the judgment has already been reserved by the High Court, it should not have proceeded and decided the application for inspection.

Also read: Gyanvapi case: Muslim side claims country is being misled by saying fountain as Shivling

SC to hear tomorrow the petition seeking a stay on Gyanvapi Masjid survey

Survey of the basement of Gyanvapi Masjid, tight security arrangements in the area

See also: Claim of finding Shivling in Gyanvapi Mosque, Muslim side denied


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