Gyanvapi case: Varanasi court to hear Muslim side's plea on May 26
Varanasi, May 23: The Varanasi district court on Tuesday heard the petition in the Gyanvapi-Shringar Gauri complex case and said that it will hear the Muslim side's plea on May 26.
The court of District Judge AK Vishvesh has sought objections from both Hindu and Muslim sides on the video-graphic survey of the mosque area. The matter has been posted for hearing on May 26.
"Hearing on the Muslim side's plea under order 7 11 CPC regarding the rejection of suit will take place on May 26th. Court asked both sides to file an objection to the commission report, and submit the report within one week ," Hindu side's Advocate Vishu Jain was quoted saying by ANI.
The apex court had on Friday transferred the Gyanvapi-Shringar Gauri complex case from a civil judge (senior division) to a district judge, saying looking at the "complexities" and "sensitivity" of the issue, it is better if a senior judicial officer having an experience of over 25-30 years handles this case.
"After hearing arguments of both sides, the court will on Tuesday give its verdict on which plea is to be heard first," said Singh as well as Madan Mohan Yadav, a lawyer for the Hindu side.
The Hindu side argued that since a court-appointed commission has completed its survey work, the opponents should present their objections to it.
Yadav said they pleaded to make available the commission's report and videography done by it to present its side on it.
Anjuman Intezamia Masjid Committee's lawyer Mohammad Tauhid Khan argued that the writ is not maintainable under order 7 and Rule 11 of the CPC (Civil Procedure Code), hence, it should be dismissed.
A fresh petition was also moved by Dr Kulpati Tiwari, Mahant of Kashi Vishwanath temple, for regular "pujan" (worship) of the Shivling , which he said was found in the Gyanvapi mosque complex.
On May 16, the lower court had directed the district administration to seal a spot in the Gyanvapi Masjid complex after counsels representing the Hindu petitioners said a Shivling was found during a court-mandated videography survey.
A mosque management committee spokesperson disputed the claim, telling a television channel that the object was part of a "fountain".
He said lawyers representing the mosque committee were not fully heard before the sealing order was announced.
The Hindu side claimed that the Shivling was found close to the "wazookhana"-a small reservoir used by Muslim devotees to perform ritual ablutions before offering the namaz.