The Varanasi district court Tuesday heard the petition in the Gyanvapi mosque case and posted the matter for hearing on May 26.
The court has sought objections from both Hindu and Muslim sides on the video-graphic survey of the mosque area.
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Now hearing on the Muslim side's plea under order 7 11 CPC regarding the rejection of the suit will take place on May 26.
“The court asked both sides to file an objection to the commission report, and submit the report within one week,” Hindu side's Advocate Vishnu Jain said.
A few days back, the Supreme Court transferred the petition to the lower court for the resolution of the Gyanvapi mosque case. The petition was filed by a group of Hindu women who were seeking the right to pray inside the mosque complex, claiming there used to be a temple there.
The Gyanvapi Masjid case was deferred by the Supreme Court to the lower court, saying that looking at the complex nature of the matter it is better for a senior judicial officer to handle the case. It is likely that a bench in Varanasi court will conduct the hearing today.
During the hearing of the apex court, the SC bench had also said that the process to ascertain the religious character of a place of worship is not barred under the Places of Worship Act of 1991.
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Early last week, lawyers representing the Hindu petitioners claimed that a `Shivling` was found during the videography survey of the Gyanvapi mosque-Shringar Gauri complex.
The claim was disputed by the mosque committee members who said it was part of the water fountain mechanism in the wuzukhana reservoir, used by devotees to perform ritual ablutions before offering namaz. The district court had then ordered the sealing of the `wuzukhana`.
This application relates to whether the reliefs sought by the five Hindu petitioners can even be granted by a court of law. The Muslim side is expected to argue that the suit is barred by the 1991 Place of Worship Act.
There are no specific orders yet on whether the matter will be heard on a day-to-day basis from May 26 onwards. Preliminary arguments will begin on May 26. The district judge Dr A.K. Vishvesha has also asked for objections to the Gyanvapi mosque survey report filed by the commission from both parties.
It may be recalled that a petition filed in 1991 in a Varanasi court claimed that the Gyanvapi Mosque was built on the orders of Aurangzeb by demolishing a part of the Kashi Vishwanath Temple during his reign in the 16th century.
The petitioners and local priests sought permission to worship in the Gyanvapi Mosque complex. The Allahabad High Court in 2019 ordered a stay on an ASI survey that was requested by the petitioners.
The current controversy started when five Hindu women sought to routinely worship Shringar Gauri and other idols within the Gyanvapi mosque complex.
Last month, a Varanasi court ordered a videographed survey of the Gyanvapi Masjid complex after the five Hindu women filed pleas, seeking to worship behind the western wall of the premises.
