Oindrila Mukherjee | News18.com | Allahabad | May 31, 2023:: Dismissing the masjid committee plea, the Allahabad High Court on Wednesday upheld a Varanasi court’s order on the maintainability of a suit filed by five Hindu women on their right to worship inside the Gyanvapi mosque complex. A lawyer representing the Hindu side expressed satisfaction at the outcome and said the day was not far when a grand Shiva temple will be constructed in place of the present structure.

“I hope that the day is not far when we will construct a grand Shiv temple there and the present structure will be removed,” said Hari Shankar Jain, an advocate representing the Hindu side in Gyanvapi mosque case.

On September 12, 2022, the Varanasi district court had passed the order holding the Hindu suit to be maintainable. Justice JJ Munir of the high court dismissed the mosque management committee’s revision petition.

Another lawyer representing the Hindu side called it a “historic verdict”. “It is a historic verdict. The court clearly has said Anjuman Intezamia Mosque Committee’s petition is not maintainable and dismissed it,” said Vishnu Shankar Jain representing the Hindu side.

“It is a big win for the Hindu side. We welcome the decision of the court to dismiss Order 7 Rule CPC plea filed by Anjuman Intazamia Mosque Committee, which challenged the maintainability of the suit of five Hindu women worshippers seeking the right to worship inside Gyanvapi mosque,” said Subhash Nandan Chaturvedi, a lawyer representing the Hindu side.

The five women who had filed the suit marked the verdict by feeding each other and distributing sweets. They expressed happiness and said they were scared that the verdict will not be in their favour.

Reacting to the development, the Muslim side said this was not a big win for the Hindu side as a review petition can be filed and they can also approach the Supreme Court. “This is not a big win (for the Hindu side) as the court gave a verdict only on the Order 7 Rule CPC plea filed by Anjuman Intezamia Mosque Committee. We can file a review petition and also approach the Supreme Court. The next course of action will be decided upon after reading the order,” said Mohammad Tauheed Khan, the advocate representing the Muslim side.

The suit filed in August 2021 sought permission for daily worship at Maa Shringar Gauri Sthal in the Gyanvapi complex. The Vishva Hindu Parishad welcomed the HC decision and said it will speed up the court proceedings. “The technical objections have been negated. The suit would now proceed on merits and we do see success at the end of the tunnel,” VHP national working president Alok Kumar said, welcoming the court’s decision. “We hope that now the suit will expeditiously proceed towards a final judgement.”

There are a bunch of other petitions filed in the Gyanvapi mosque case. Another important suit pertains to the restoration of a temple at the site where the mosque now exists. In this suit, petitioners have also challenged a Varanasi court order dated April 8, 2021, directing the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Gyanvapi mosque complex.

This order was challenged before the high court by the Anjuman Intezamia Masjid (AIM), the Gyanvapi management committee and the Uttar Pradesh Sunni Central Waqf Board. On September 9, 2021, the HC stayed the Varanasi court’s April 8 order. The stay order was extended from time to time during the hearing of the matter.

(With PTI Inputs)

Courtesy: News18.

Justice and Law – What is the legal aspect of the Gyanvapi case from Mala Dixit and Vishnu Shankar Jain/ न्याय और कानून- क्या है ज्ञानवापी केस के कानूनी पहलू समझे माला दीक्षित और विष्णु शंकर जैन से

Courtesy: Dainik Jagran.