The Supreme Court on Thursday agreed to hear the Gyanvapi masjid case tomorrow at 3 PM. Chief Justice of India DY Chandrachud agreed to constitute the bench tomorrow after an urgent mentioning of the case was made by Advocate Vishnu Shankar Jain on behalf of the Hindu plaintiffs.Jain submitted that the interim order passed by the Supreme Court on May 17 for the protection of the...
The Supreme Court on Thursday agreed to hear the Gyanvapi masjid case tomorrow at 3 PM. Chief Justice of India DY Chandrachud agreed to constitute the bench tomorrow after an urgent mentioning of the case was made by Advocate Vishnu Shankar Jain on behalf of the Hindu plaintiffs.
Jain submitted that the interim order passed by the Supreme Court on May 17 for the protection of the Shivling reportedly found inside the Masjid during the survey by the Advocate Commissioner is expiring on November 12. He added that the application filed by the Anjuman Intezemia Masjid Committe (which manages the Masjid) challenging the maintainability of the suit has been dismissed.
"The interim order for the protection of Shivling area is coming to an end on November 12. The Order 7 Rule 11 application of the other side has been rejected", Jain submitted.
A bench comprising Justice DY Chandrachud, Surya Kant and PS Narasimha had heard the matter earlier.
On October 31, the Court had agreed to list the matter today (November 10). However, it did not get listed,
The case is the special leave petition filed by Anjuman Intezemia Masjid Committee challenging the survey ordered by the Varanasi Civil Court in a suit filed by five Hindu women seeking the right to worship the deities in the mosque premises throughout the year.
On May 17, the Top Court clarified that the order passed by the Civil Judge Senior Division at Varanasi to protect the spot where a "shivling" was claimed to have been found during the survey of the Gyanvapi mosque will not restrict the right of Muslims to access the mosque to offer namaz and to perform religious observances.
On May 20, the Supreme Court transferred the suit to Varanasi District Court, observing that a senior and experienced judicial officer should deal with the matter considering the sensitivity of the issues involved. The Court directed that the District Court should hear the applications filed by the Masjid Committee under Order 7 Rule 11 CPC questioning the maintainability of the suit on priority.
On July 21, the Court adjourned the matter to October 20, to await the decision of the District Court. Recently, the District Court rejected the Masjid Committee's objection to the maintainability of the suit and held that the same was not barred by the Places of Worship Act 1991.
Two weeks ago, the Varanasi District Court dismissed an application filed by the plaintiffs for carbon-dating and scientific investigation of the "shiv ling". "If Carbon Dating or Ground Penetrating Radar is permitted and if any damage is caused to the 'Shiva Linga' then it would be a violation of the Supreme Court order to protect it and it might also hurt the religious sentiments of the general public," remarked the Varanasi Court.
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