Gyanvapi: Varanasi Court dismisses Muslim’s side plea, defers hearing till Dec 2

17 November, 2022 | Pranay Lad

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The Varanasi Court dismissed the Muslim side plea and has deferred the hearing till December 2.

The Anjuman Islamia Masjid committee’s appeal against the maintainability of a lawsuit seeking to transfer control of the Gyanvapi Mosque premises to the Hindu side was rejected by the Varanasi Fast Track Court on Thursday.

The petition was postponed by the court until the second hearing in December. The court was considering a petition asking for permission to worship a “Shivling” that the Hindu side claimed to have discovered on the grounds of the Gyanvapi mosque.

After the supposed Shivling was discovered, Vishwa Vedic Sanatan Sanstha also submitted a separate petition to the Varanasi fast track court. Kiran Singh, the wife of Vishwa Vedic Sanatan Sanstha President Jitendra Singh Vishen and others, filed the petition.

The demands of the Hindu side include granting permission for Swayambhu Jyotirlinga Bhagwan Vishweshwar’s prayers to begin right away, turning over control of the entire Gyanvapi complex to Hindus, and forbidding Muslims from entering the Gyanvapi complex’s grounds.

According to Order 7/Rule 11, the court in this instance declared that “this matter is not maintainable.”

“The Varanasi Court rejects the Masjid committee’s argument that the litigation in the Gyanvapi Mosque matter cannot be maintained. On December 1, there will be another hearing “Anupam Dwivedi, a lawyer for the Hindu side, said.

While the case is in court, the Muslim side is permitted to pray on the property.

On November 11, the Supreme Court extended its earlier order to protect the area where the ‘Shivling,’ allegedly found at the Gyanvapi Mosque complex during the court survey, was said to have been found.

The Varanasi court had previously declined to let a “scientific analysis” of the alleged “Shivling” during proceedings.

The Hindu side had asked for carbon dating of the object inside the wazukhana of the Gyanvapi Mosque that they believed to be a Shivling.

The discovered building, according to the Muslim side, was a “fountain,” though. On September 22, the Hindu side filed a request with the Varanasi District Court asking for a carbon dating of the artefact they claimed to be the “Shivling.”

The Hindu side said that they would appeal the Varanasi court’s decision not to permit a “scientific investigation” of the alleged “Shivling,” which they claimed to have discovered on the grounds of the Gyanvapi mosque, to the Supreme Court.

The Hindu side had requested a scientific assessment of the “Shivling” by the Archaeological Survey of India (ASI) and the carbon dating of the “Argha” and its vicinity of it during the hearing on September 29.

The Varanasi Court had stated that “if the claimed Shivling is damaged by taking samples, then it will be in violation of the judgement of the Supreme Court” in reference to the Supreme Court’s ruling from May 17.

The Varanasi Court had stated that “if the Shivling is harmed, the religious feelings of the general people can also get injured.”

The age of an archaeological object or find can be determined scientifically using carbon dating.

The case involving worship at the Gyanvapi mosque was transferred from the civil judge to the Varanasi District Judge on May 20 as per a Supreme Court ruling.