Prayagraj: Describing the Gyanvapi-Kashi Vishwanath dispute as a matter of national importance, the Allahabad High Court on Tuesday directed the Director General of Archaeological Survey of India and Additional Chief Secretary (Home) of UP to file their personal affidavits in the matter within 10 days.
Passing the order, Justice Prakash Pardia observed that an earlier affidavit filed by the ASI DG was “very brief” and fixed September 12 as the next date of hearing of the urgent matter filed by Anjuman Intejamiya Masjid – Gyanvapi Masjid Management Committee – and others. Was. ,
“A brief counter-affidavit has been filed by Respondent No. 7. The above counter-affidavit is also very sketchy and runs into only two and a half pages. Since the matter is of national importance, the Director General, Archaeological Survey of India, New Delhi said in the order that He has been directed to file his personal affidavit in the matter within ten days.
The court extended the interim stay on the Varanasi court order directing the ASI to conduct a survey of the mosque premises by September 30, 2022.
The petitioners have challenged the sustainability of the original suit filed in the Varanasi district court in 1991, seeking “restoration of the ancient temple at the site where the Gyanvapi Masjid currently stands”. It was argued in the suit that the said mosque is a part of the temple.
On Tuesday, advocate Ajay Kumar Singh – Pandit Somnath Vyas, Ramrang Sharma and Harihar Pandey, appearing for the plaintiff, argued on behalf of the ancient idol Swayambhu Jyotirlinga Bhagwan Vishweshwarnath that the provisions of the Places of Worship (Special Provisions) Act, 1991 were applicable in this case. Will not done. He said that it is clear from the reading of Section 3 that it deals with prohibition of conversion of a place of worship and from the perusal of the plaintiff, the plaintiff did not seek change of place.
“It is argued that the religious character of the disputed place is a temple, which has been in existence since ancient times till date. Therefore, for better judgment, the provisions of the Code of Civil Procedure should be invoked here,” argued the counsel. .
The Places of Worship Act prohibits the filing of suit or any other legal proceeding in respect of conversion of religious character of any place of worship existing on 15th August, 1947. As per the Act, no relief can be sought for changing the status of any religious person. The place as it existed on that date.
As per the facts of the case, the original suit was filed in the Varanasi district court in 1991, seeking restoration of an ancient temple at the site of the Gyanvapi Masjid. Subsequently, on April 8, 2021, the Varanasi Court of Civil Judge (Senior Division) ordered a five-member committee consisting of two Hindu and two Muslim members and an archeology expert to oversee a “comprehensive physical survey” of the Gyanvapi mosque complex. . ,
Aggrieved, the petitioners challenged in the High Court the order passed by the Varanasi court, saying it was illegal and without jurisdiction, as the HC had reserved its decision on the sustainability of the trial pending in the Varanasi court.
Subsequently, the HC had stayed the Varanasi court’s order dated September 9, 2021, directing the ASI to conduct a survey of the Gyanvapi mosque complex. On Tuesday, this interim stay order was extended by the court till 30 September 2022.
In a separate case earlier this year, a civil court in Varanasi, hearing a petition by five female litigants seeking permission to worship Shringar Gauri and other deities inside the Gyanvapi mosque, ordered a video survey of the premises. was. Although the video survey was done in May, the mosque committee moved the Supreme Court, which ordered the Varanasi district court to decide on hearing the petition first. The trial of the case is going on in the district judge’s court.
Passing the order, Justice Prakash Pardia observed that an earlier affidavit filed by the ASI DG was “very brief” and fixed September 12 as the next date of hearing of the urgent matter filed by Anjuman Intejamiya Masjid – Gyanvapi Masjid Management Committee – and others. Was. ,
“A brief counter-affidavit has been filed by Respondent No. 7. The above counter-affidavit is also very sketchy and runs into only two and a half pages. Since the matter is of national importance, the Director General, Archaeological Survey of India, New Delhi said in the order that He has been directed to file his personal affidavit in the matter within ten days.
The court extended the interim stay on the Varanasi court order directing the ASI to conduct a survey of the mosque premises by September 30, 2022.
The petitioners have challenged the sustainability of the original suit filed in the Varanasi district court in 1991, seeking “restoration of the ancient temple at the site where the Gyanvapi Masjid currently stands”. It was argued in the suit that the said mosque is a part of the temple.
On Tuesday, advocate Ajay Kumar Singh – Pandit Somnath Vyas, Ramrang Sharma and Harihar Pandey, appearing for the plaintiff, argued on behalf of the ancient idol Swayambhu Jyotirlinga Bhagwan Vishweshwarnath that the provisions of the Places of Worship (Special Provisions) Act, 1991 were applicable in this case. Will not done. He said that it is clear from the reading of Section 3 that it deals with prohibition of conversion of a place of worship and from the perusal of the plaintiff, the plaintiff did not seek change of place.
“It is argued that the religious character of the disputed place is a temple, which has been in existence since ancient times till date. Therefore, for better judgment, the provisions of the Code of Civil Procedure should be invoked here,” argued the counsel. .
The Places of Worship Act prohibits the filing of suit or any other legal proceeding in respect of conversion of religious character of any place of worship existing on 15th August, 1947. As per the Act, no relief can be sought for changing the status of any religious person. The place as it existed on that date.
As per the facts of the case, the original suit was filed in the Varanasi district court in 1991, seeking restoration of an ancient temple at the site of the Gyanvapi Masjid. Subsequently, on April 8, 2021, the Varanasi Court of Civil Judge (Senior Division) ordered a five-member committee consisting of two Hindu and two Muslim members and an archeology expert to oversee a “comprehensive physical survey” of the Gyanvapi mosque complex. . ,
Aggrieved, the petitioners challenged in the High Court the order passed by the Varanasi court, saying it was illegal and without jurisdiction, as the HC had reserved its decision on the sustainability of the trial pending in the Varanasi court.
Subsequently, the HC had stayed the Varanasi court’s order dated September 9, 2021, directing the ASI to conduct a survey of the Gyanvapi mosque complex. On Tuesday, this interim stay order was extended by the court till 30 September 2022.
In a separate case earlier this year, a civil court in Varanasi, hearing a petition by five female litigants seeking permission to worship Shringar Gauri and other deities inside the Gyanvapi mosque, ordered a video survey of the premises. was. Although the video survey was done in May, the mosque committee moved the Supreme Court, which ordered the Varanasi district court to decide on hearing the petition first. The trial of the case is going on in the district judge’s court.