Gyanvapi case: Next hearing in Varanasi district court on Monday
Varanasi district court Judge AK Vishvesha, on Thursday scheduled the hearing of Gyanvapi Mosque-Shringar Gauri case to Monday. The court heard the Muslims' plea challenging the maintainability of the petitions filed by the Hindu side seeking a survey of the mosque premises. The Muslim side told the court that the Shivling rumors were causing public disturbance in the city.
Why does this story matter?
After a Shivling was allegedly found inside the mosque complex, a Varanasi court directed to seal the spot. However, Anjuman Intezamia Masjid said it was part of the wazukhana's fountain. The Supreme Court also ordered the authorities to protect the area without hindering Muslims' access to namaz. Last week, a videography survey team submitted its final report on the complex to the Varanasi court.
Mosque committee invoked Places of Worship Act, 1991 against survey
According to the mosque committee, a Varanasi court-ordered videography survey at the mosque violates the Places of Worship Act, 1991, which prevents the alteration of the character of any place of worship in India. The Supreme Court had asked the district court to decide on priority whether the Gyanvapi Mosque's videography and the petition that led to the survey were 'maintainable' or not.
Supreme Court's deadline to district court
Last Thursday, the SC gave the district court eight weeks' time to finish its hearing. It ruled that because civil litigation is sensitive, a district court judge should hear the case instead of the civil judge. Later, the district court ordered that only the lawyers involved in the case be present at the hearing.
Demands made in petitions
The Hindu side sought permission for daily worship of the Shringar Gauri in the mosque complex, permission to worship the alleged Shivling, a survey to determine the length and width of the Shivling, and a provision for an alternate wuzukhana arrangement. Meanwhile, the Muslim side pleaded that the matter didn't meet the parameters of the Places of Worship Act and wanted the matter dismissed.
New plea sent to fast-track court, hearing on May 30
A new petition seeking a restriction on Muslims entering the Gyanvapi Mosque complex was transferred on Wednesday from a civil judge's court to a fast-track court in Varanasi for a hearing on May 30.
Controversy began in 1991 after petitions against mosque
In 1991, lawyer Vijay Shankar Rastogi had filed a petition in a Varanasi court as the "next friend" of the Kashi Vishwanath Mandir's presiding deity. Rastogi had argued that Maharaja Vikramaditya built a temple 2,050 years ago on the site where the mosque stands. Other petitioners claimed Aurangzeb built the mosque in the 17th century by removing a portion of the Kashi Vishwanath Mandir.
1991 case was on hold for years
The 1991 case was on hold for several years until the Allahabad High Court suspended the hearing. The HC's decision was based on the Places of Worship Act, 1991, forbidding any changes to the religious character of a place of worship as it was on August 15, 1947. However, the case resurfaced in 2019 following the SC's decision in the Babri Masjid-Ram Janmabhoomi case.
