Gyanvapi Case Halted in Trial Court Till Friday's SC Hearing, Report Submitted
The Supreme Court has asked asked the trial court to desist from taking up further proceedings till Friday.
The Supreme Court on Thursday, 19 May, directed that the Gyanvapi mosque matter will be taken up on Friday, and has asked the trial court in Varanasi to desist from taking up further proceedings in the meantime.
(Photo altered by The Quint)
Gyanvapi Mosque Case News Live Updates: The Supreme Court on Thursday, 19 May, directed that the Gyanvapi mosque matter be taken up on Friday, and asked the trial court in Varanasi to desist from taking up further proceedings in the meantime.
Meanwhile, the court-appointed special assistant commissioner's report on the mosque survey was submitted before the Varanasi court that was hearing the matter on Thursday.
On Tuesday, the Supreme Court issued a notice on the pleas challenging the orders of a district court regarding the Gyanvapi mosque in Varanasi, and had passed an interim order, which said that while the area within the mosque where an alleged Shivling was said to be found should be protected, Muslims must not be restricted from entering and praying in the mosque.
The three-day survey of the Gyanvapi mosque, ordered by the Varanasi court, ended on Monday
On Tuesday, the Varanasi court allowed two more days for the committee to present its report
Supreme Court, on Tuesday, said that the area where the 'Shivling' was indicated to have been found should be secured, without restricting Muslims' from entering and praying in the mosque
Varanasi Court Fixes Monday as Next Date of Hearing
The trial court in Varanasi has fixed Monday, 23 May as the next date of hearing.
ANI UP cited Advocate Madan Mohan Yadav as saying:
"Both sides had filed objections and counter objections, court listed them all. Supreme Court's direction to not proceed with the case (until Friday) was also placed before it. So, Varanasi court has fixed Monday, 23 May as the next date of hearing."
Writ To Be Filed on Behalf of Masjid Committee Challenging Existing Orders, Lawyer Tells SC
A counsel on Thursday mentioned before the Supreme Court that he will be filing a writ on behalf of the Masjid Committee challenging the three orders passed so far in the Gyanvapi mosque case, and sought for the matter to be listed along with the one to be heard on Friday.
Justice Chandrachud, who is hearing the ongoing petition, however, asked the counsel to mention his request before the Chief Justice instead as "these powers are not with us but with Chief Justice of India."
'The Purpose of the Places of Worship Act...': Ex-Chief Justice of Allahabad High Court Explains
"The Places of Worship (Special Provisions) Act,1991, was introduced as a measure to provide and develop glorious traditions of love, peace, and harmony," former Allahabad High Court Chief Justice Govind Mathur wrote in his piece for The Quint.
"The object of the Act is to prohibit conversion of any place of worship – and to provide for the maintenance of the religious character of any such place as it existed on the 15th day of August 1947," he added.
Read his full article here.
'Court Appointed Ex-Commissioner Submitted His Report on Wednesday, Spl Assistant Commissioners Submitted Theirs on Thursday'
Citing Advocate Nityanand Rai, ANI UP reported that former court-appointed commissioner Ajay Mishra submitted his report from the last two days at 4:30 pm on Wednesday.
"Today at 10.30 am, Vishal Singh and Ajay Pratap Singh filed their report with details of the 3-day survey," Rai added.
Rai further said that they had also filed a chip that contains photos and videos.
"A copy will be made available to the other side. Once they get the copy, court will invite their objections. After listening to them, court will give final decision if the report will be taken as evidence," he said.
Also Filed a Video Chip in Sealed Cover: Varanasi Court-Appointed Spl Assistant Commissioner
Advocate Vishal Singh, the (Varanasi) court-appointed special assistant commissioner, told ANI that along with the Gyanvapi mosque survey report, he had also filed a video chip in a sealed cover.
"All of this has been submitted before the court," he said.
SC To Take Up Matter Tomorrow, Trial Court Asked Not To Proceed in the Meantime
The Supreme Court will take up the matter at 3 pm tomorrow, and directed the trial court in Varanasi to desist from taking up further proceedings in the meantime.
Counsel for Hindu Party Seeks Adjournment, Masjid Committee's Counsel Stresses Urgency
The counsel for the petitioners, who had sought (from the Varanasi court) year-round permission to carry out Hindu rituals at the Gyanvapi mosque, sought an adjournment at the Supreme Court.
Meanwhile, Senior Advocate Huzefa Ahmadi stressed the urgency of hearing the matter, stating that there were applications now for sealing other mosques as well as the fact that the hearing was expected to go on at the Varanasi court on Thursday.
Survey Report Submitted, 10-15 Pages Long: Assistant Court Commissioner Ajay Pratap Singh
Quoting Assistant Court Commissioner Ajay Pratap Singh, ANI UP reported:
Survey Report Submitted Before Varanasi Court
The court-appointed special assistant commissioner's report on Gyanvapi mosque survey was submitted before the Varanasi court hearing the matter on Thursday, 19 May.
Item Number 19 in Court Number 4
The matter has been listed as item number 19 in court number 4 of the Supreme Court and will be heard by a bench led by Justice DY Chandrachud.
'Haven't Filed Affidavit in SC, Will Seek More Time From Court': Committee Member
Advocate Vishal Singh, the Varanasi court-appointed special assistant commissioner for the survey, said on Thursday that the committee has not filed an affidavit for the matter in the Supreme Court, and will seek more time from the court.
"We've not filed an affidavit yet. Supreme Court has kept the matter for hearing today. Additional developments have taken place in the meantime that have to be brought to the records of the court. So, we will seek some time from the court," he was quoted as saying.
Further, he added that they have requested their legal team in Varanasi to take some adjournment today as the matter is pending before Supreme Court "and we need to place every document on the records."
"So, simultaneously two proceedings can't go on," he said.
He also said:
'Survey Report Will Be Submitted by 2 pm': Committee Member
The survey report will be submitted before 2 pm today, Advocate Vishal Singh, the Varanasi court-appointed special assistant commissioner, said on Thursday morning, news agency ANI reported.
The Gyanvapi Case So Far
The location of Gyanvapi Mosque in Uttar Pradesh’s Varanasi is adjacent to the Kashi Vishwanath temple, and some are of the belief that it was built in the 17th century after the demolition of an existing Vishweshwar temple.
The court, in April this year, ordered a video inspection of the site after five women affiliated with the right-wing group Vishwa Vedic Sanatan Sangh filed petitions saying they were entitled to have daily darshan, puja, and perform rituals at the site of Maa Shringar Gauri, Lord Ganesh, Lord Hanuman, and other "visible and invisible deities within old temple complex."
However, the survey could not take place as the mosque committee opposed videography inside the mosque, accused Advocate Commissioner Ajay Kumar Mishra of bias, and demanded his replacement.
The Varanasi court on Thursday, 12 May, ordered that the survey work will continue, and instead of replacing Mishra, appointed two more lawyers – Vishal Kumar Singh and Ajay Singh – to accompany him. The survey work had begun on Saturday.
The Claims Over the 'Shivling'
After the videography survey of the mosque ended on Monday, the counsel representing the petitioners' side claimed that a Shivling had been found after water was drained out of a pond in the complex. The Varanasi district court subsequently ordered the district magistrate to seal the area where the alleged Shivling had been found and prohibited the entry of any person to the area.
On the other hand, a mosque management committee member challenged the claim, saying that the object found was part of the water fountain mechanism at the wazookhana, adding that the mosque management was not given a chance to present their argument before the court, which issued the order to seal the area based on the claims made by the petitioners.
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