Gyanvapi row
Gyanvapi: Plea for daily worship not barred by any act
Varanasi/UNI: A Varanasi court on Thursday said the plea filed seeking daily permission to 'worshipping' of the Shivling-like structure inside the Gyanvapi Mosque was not barred by any act and hence it is maintainable while rejecting the application moved by the Masajid Intezamia Committee under Order 7 Rule 11 of the CPC (Code of Civil Procedure).
Anupam Dwivedi, the counsel of the Bhagwan Adi Vishweshwar Virajman and others, said the court of Civil Judge (Senior Division) Fast Track Court Mahendra Kumar Pandey has now fixed Dec 2 as the next date of hearing.
He said the court rejected the application and that the plea is not maintainable.
In its order, the court observed, "This court has come to the conclusion that the suit of the plaintiffs is not barred by the provisions of Order 1 Rule 8, Order 7 Rule 3 and Section 9 of CPC, Places of Worship Special Provisions) Act, 1991, The Waqf Act 1995, the UP Shri Kashi Vishwanath Temple Act, 1983 and The Indian Limitation Act."
The court said, "So far as the judicial precedent is concerned in Suit No. 62 of 1936 Deen Mohammad and others versus Secretary of the State, the court of Civil Judge, Varanasi passed judgment and decree dated July 24, 1937."
It said, "After analysing the argument of both the parties I found that the plaintiffs were not parties in the Suit number 62 of 1936 Deen Mohammad and others versus secretary and their application for impleadment in the suit was also rejected.
"Therefore, the decree passed in the above-mentioned suit cannot have a binding effect against the plaintiffs or the Hindu community and their right to worship cannot be defeated on the strength of above-mentioned decree."
Notably, in the plea Adi Visheshwara Virajman and others versus the State of Uttar Pradesh and others the plaintiff Kiran Singh Visen has sought permission for daily worship of the Shivling-like structure found inside the wazookhana of the Gyanvapi mosque.
Besides, it has also sought instructions that the place should be handed over to the Hindus and entry of non-Hindus should be banned on the premises.
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