A fast-track court in Varanasi did not pass any order on Monday, 30 May in connection with the fresh suit seeking permission for Hindu devotees to worship the alleged shivling and other Hindu structures claimed to have been found inside the Gyanvapi Masjid.
The court, as quoted by LiveLaw, said:
“Since UP Government, Varanasi District Magistrate, Varanasi Police Commissioner and Anjuman Masjid Committee have not received the plaint copy, therefore, it won't be justified to give any order without giving them the opportunity to get a copy of the plaint and argue on the same and directed them to filed their response/objections before 8 July (next date of hearing).”
According to Bar and Bench, the court will hear the defendants (the masjid committee) on 8 July.
Earlier in the day, it was reported that the court was slated to pronounce order on the maintainability of the plea at 4 pm. The matter was sent to a fast track court on 25 May.
The matter was heard by Civil Judge Senior Division Mahendra Pandey earlier on Monday afternoon, amid increased security, reported LiveLaw.
Advocate Shivam Gaur had appeared for the Plaintiffs, and Advocate A Raise had appeared for the Anjuman Masjid Committee who are the defendants in the case.
What Have the Plaintiffs Sought?
Plaintiff Kiran Singh has sought an ad interim injunction against the masjid committee, asking that they should not prevent the entry of Hindu devotees for purposes of performing religious activities at the spot in the masjid where a ‘shivling’ is indicated to have been found.
The plaintiffs have reportedly, cited urgency, and sought an exemption from the civil procedure rule that mandates 60 days’ notice to be given to the state government.
Meanwhile. an impleadment application was filed before the fast-track court by the Kendriya Brahman Mahasabha, as well.
Meanwhile...
A district court in Varanasi is already hearing the masjid committee’s plea challenging the maintainability of a suit filed by five Hindu women seeking that they be allowed to carry out year-round access to carry out Hindu rituals at the mosque complex.
The suit has been challenged on the grounds that The Places of Worship Act (1991) expressly bars conversion of any place of worship into anything different from the religious character of the place as it was on 15 August 1947 (with the exception of the Ayodhya dispute).
This came after Supreme Court bench, headed by Justice DY Chandrachud, ordered that a "senior and experienced" district judge may decide on the maintainability of the petition (under Order 7, Rule 11 of the CPC).
The top court had also subsumed a lower court's order which could have led to a bar on entry of Muslim devotees and said that namaz may continue to be offered in the mosque with the district magistrate securing the spot where the alleged shivling is indicated to have been found.
Monday's District Court Hearing
The Varanasi district court continued hearing the application questioning the maintainability of the suit filed by the five Hindu women on Monday.
Appearing for the Masjid Committee, Advocate Abhay Nath, according to LiveLaw, dubbed the claim by the plaintiffs that Masjid premises is not a waqf party as wrong.
Further, the counsel pointed out that in the Din Mohd case (1937), the court had decided which area is the property of the mosque and which area is the property of the temple, and according to that, the entire compound of the Gyanvapi Masjid “belongs to the Muslim Waqf and Muslims have right to offer namaz in it.”
The masjid committee also objected to the plaintiffs’ claim that they should be allowed to worship the ‘shivling’ indicated to have been found inside the mosque.
The matter has been posted for further hearing on 4 July and the court is slated to deliver an order over the handing over of the mosque report, including the videography and the pictures shortly.
Further, as per LiveLaw, Hindu Sena, Brahmin Sabha, and Nirmohi Akhara, have also approached the district court seeking impleadment in the suit as plaintiffs.
(With inputs from Bar and Bench and LiveLaw.)
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