Decide In 8 Weeks Plea Seeking Unrestricted Rights To Worship 'Shiva Linga' In Gyanvapi Mosque Premises: Allahabad HC To Varanasi Court

The Allahabad High Court has directed a court of Civil Judge, (Senior Division) in Varanasi to dispose of the petition in 8 weeks seeking unrestricted right to worship the 'Shiv Linga' purportedly found inside Gyanvapi Mosque premises in May 2022.

A bench of Justice Manish Kumar Nigam ordered thus while hearing an application filed by one Vivek Soni and another under Article 227 of the Constitution of India. The petitioners had approached the High Court requesting expeditious disposal of their plea.

Before the HC, they argued that their petition which sought a permanent injunction against the respondents (the Masjid management) and aimed to prevent any interference in the offering of Bhoga, Prasada, Shayan Aarti, Mangala Aarti, garlanding, Dugdha Abhishek, Kirtan, etc., to the 'Shiva Linga', was not being decided by the Varanasi Court despite it being pending since 2022.

The claims regarding the Shiva Linga's presence within the Gyanvapi Mosque premises were made prominently on May 16 when the court-appointed Advocate Commissioner submitted that he had found a Shiva Linga [in the wazookhana area (place for ablution – washing face, hands, and legs before the Islamic prayers) of the mosque. Pursuant to this, the District Court had ordered the sealing of the place/area concerned. The Mosque committee has claimed that the said 'Shiva Linga' is a fountain.

"the present petition stands disposed of finally with a direction to the Civil Judge, (Senior Division) Varanasi to consider and decide the interim injunction application (6C Application), in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment," the Single Judge ordered while disposing of the petition.

Case title - Vivek Soni And Another vs State Of Up And 4 Others 2024 LiveLaw (AB) 132 [MATTERS UNDER ARTICLE 227 No. - 1791 of 2024]

Case Citation: 2024 LiveLaw (AB) 132

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