14/09/2022
In the Gyanvapi Masjid case, the Varanasi court dismissed
the Muslim side's plea questioning the maintainability of the suit filed by
five women of the Hindu faith. Their petition will be heard on September 22. Five Hindu women had filed petitions seeking the right to worship Maa Shringar Gauri on the outer wall of the mosque complex located next to
the Kashi Vishwanath temple in Uttar Pradesh.
The dismissal by district judge A K Vishvesh means that the civil suits will be heard in detail and examination of evidence will follow.
The committee argued that the Places of Worship Act-which states that the religious character of any place of worship as it existed on August 15, 1947, must be maintained-barred the changing of the character of the mosque.
Regarding the applicability of the Places of Worship (Special Provisions) Act, 1991 as a bar to the suit filed by the Hindu women worshippers, the Court specifically held that since the Hindu deities were worshipped inside the masjid complex even after August 15, 1947 (which is the cut off date provided under the Places of Worship Act), therefore, this act will have no applicability here in this case.
While the Hindu side said the mosque was built on the site of a temple, the Muslim side said the mosque was built on waqf premises and that the
Places of Worship Act barred changing its character.
Earlier, a lower court had ordered a videographic survey of the complex. The survey work was completed on May 16 and the report was presented in the court on May 19. The Hindu side had claimed in the lower court that a Shivling was found during the videographic survey of the Gyanvapi mosque-Shringar Gauri complex but it was contested by the Muslim side.
The Supreme Court on May 20 transferred the case from a civil judge (senior division) to a distric
Source: districts.ecourts.gov.in
