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Express News Service
LUCKNOW: The Varanasi District and Sessions Court, on Tuesday, decided to hear the maintainability of the Shringar Gauri-Gyanvapi case on priority, posting the matter for hearing on May 26. The petition which the court would hear next was filed under Order VII Rule 11 of the Code of Civil Procedure (CPC) by the Muslim party challenging the maintainability of the suit filed by five women, including Rakhi Singh Vs UP State seeking daily worship of Goddess Shringar Gauri located on the premises of Gyanvapi mosque.
Meanwhile, the court also allowed both parties — Hindu and Muslim (represented by Anjuman Intezamia Masajid) — to file objections to the court commission’s survey report on the mosque. “The former presiding officer, Civil Judge, Varanasi, while passing the order had invited objections from the parties on the commissioner’s report. The said order is currently in effect. Therefore, the parties can submit objections to the commission report within seven days,” said the order passed by District and Sessions Judge Dr AK Vishvesha.
However, during the hearing in the district court on Monday, the Hindu parties had submitted that the objections to the report of survey conducted by court-appointed advocate commissioner on the premises of the mosque, saying the report should be taken into account by the court before deciding the maintainability plea. In fact, the Hindu side had filed a civil suit seeking the right to daily worship of Shringar Gauri on the premises on the ground that it was a Hindu temple and still houses Hindu deities.
The Muslim parties had challenged maintainability of the suit on ground that the Places of Worship Act of 1991 protected the status of all religious structures as they stood on August 15, 1947. Section 4 of the Act states that the religious character of a place of worship existing on August 15, 1947 shall continue to be the same as it existed on that day. It bars courts from entertaining cases regarding such places of worship. The provision further states that such cases already pending in courts would stand abated. Earlier, Varanasi Civil Court (Senior Division) had ordered a survey of the Gyanvapi mosque by an advocate commissioner appointed by it.
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