Gyanvapi case | Hindu plaintiffs suit not maintainable, says mosque panel

New Delhi

The Anjuman Intenzamia Masjid Committee, representing the management of the Gyanvapi Mosque, began its arguments on Thursday in District and Sessions court, Varanasi. It is challenging the maintainability of the Hindu plaintiffs’ suit under Order 7 Rule 11 of the Code of Civil Procedure.

Senior Advocates Abhay Nath Yadav and Mumtaz Ahmad, appearing for the Muslims’ side, argued that the Places of Worship (Special Provisions) Act, 1991, barred the suit and it was not maintainable. They submitted before Judge A.K. Vishvesha that rumours were being spread about the existence of a “Shivling” inside the premises without it being proven. This was causing “public disturbance”.

Advocate Ranjana Agnihotri, a lawyer representing one of the plaintiffs, said the Muslims’ side read out portions of their suit on Thursday to start their submissions. She said the defendants would continue their arguments on Monday (May 30) at 2 pm. The plaintiffs would begin their submissions after the defendants conclude theirs.  

The suit currently being heard by the Varanasi district court has been filed by five Hindu women and seeks the right to pray at a Hindu shrine behind the western wall of the mosque all year round. 

The matter was transferred to the district court from a civil court by the Supreme Court after the controversy surrounding the alleged findings of the survey was leaked in the public domain. Based on the leaked findings, the Hindus’ side claimed the discovery of a “Shivling”. The Muslims’ side, however, rejected this and said the structure in question was part of the mosque’s wuzu khana.