#Gyanvapi Case Petitions

[thenewsfactsnow]

Gyanvapi Case Verdict: Court Rejects All Petitions

In a crucial judgment in the Gyanvapi case, the Allahabad High Court today rejected all petitions by the mosque committee challenging civil suits that seek restoration of a temple at the mosque site. The high court asked the Varanasi court to complete hearing in one of these civil suits, filed in 1991, within six months. Justice Rohit Ranjan Agarwal has ruled that the 1991 suit is maintainable…

[bhaskarlive]

Gyanvapi case: Varanasi court rejects Hindu side’s plea for additional ASI survey

In a setback to petitioners representing the Hindu side, a court in Varanasi on Friday rejected a plea seeking additional survey by the Archaeological Survey of India at the Gyanvapi complex.

Civil Judge (senior division), of Fast Track Court, Varanasi, dismissed the petition filed by Vijay Shankar Rastogi.

Source: bhaskarlive.in

[news365timesindia]

[ad_1] File photo of the Gyanvapi Mosque (Photo: PTI)2 min read Last Updated : Oct 10 2024 | 6:22 PM IST Lawyers representing the Hindu side on Thursday furnished their submissions before a court here in response to the arguments put forth by the Muslim side in the Gyanvapi case two days ago. The Hindu side's plea had demanded a survey by the Archeological Survey of India (ASI) in the remaining parts of the Gyanvapi complex. Click here to connect with us on WhatsApp Following the submissions, the court posted the hearing on October 16. Advocate Madan Mohan Yadav, who is representing the Hindu side, said he appeared before Civil Judge Senior Division Yughul Shambhu, and submitted that the survey done by the ASI in the Gyanvapi complex was incomplete.  Yadav said the ASI was not in a position to furnish a correct report without excavation and therefore it should be ordered to conduct the excavation and survey the entire Gyanvapi complex. On October 8, the Muslim side -- Anjuman Intezamia Committee -- had presented its views on the petition. The lawyers then reportedly submitted before the court that when the Hindu side has appealed to agitate the case in the high court and Supreme Court, there was no point arguing the matter in the trial court. They also submitted that when the ASI survey of the Gyanvapi complex had been done once already, there was no justification for conducting another survey. The lawyers of the committee had also stated that digging a pit in the mosque premises for the survey was not practical in any way, and could damage the mosque. Previously, the Hindu side had argued that the original place of 'Jyotirlinga' was in the centre, under the dome of the purported mosque located in the Gyanvapi complex. "Geographical water used to flow continuously from the 'Argha' which used to collect in the Gyanvapi Kund. It was believed that drinking this water gives knowledge. Therefore, this pilgrimage is also considered as 'Gyanoday Tirth'," it was argued earlier during hearings. The Hindu party has demanded the examination of the water through water engineering, geologists and archeologists. Further, the 'Shivling' found from the Gyanoday Tirth, which the Muslim side termed as the "wazukhana", should also be examined to ascertain whether it is a 'Shivling' or a fountain, they had said. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)First Published: Oct 10 2024 | 6:22 PM IST [ad_2] Source link

[news365times]

[ad_1] File photo of the Gyanvapi Mosque (Photo: PTI)2 min read Last Updated : Oct 10 2024 | 6:22 PM IST Lawyers representing the Hindu side on Thursday furnished their submissions before a court here in response to the arguments put forth by the Muslim side in the Gyanvapi case two days ago. The Hindu side's plea had demanded a survey by the Archeological Survey of India (ASI) in the remaining parts of the Gyanvapi complex. Click here to connect with us on WhatsApp Following the submissions, the court posted the hearing on October 16. Advocate Madan Mohan Yadav, who is representing the Hindu side, said he appeared before Civil Judge Senior Division Yughul Shambhu, and submitted that the survey done by the ASI in the Gyanvapi complex was incomplete.  Yadav said the ASI was not in a position to furnish a correct report without excavation and therefore it should be ordered to conduct the excavation and survey the entire Gyanvapi complex. On October 8, the Muslim side -- Anjuman Intezamia Committee -- had presented its views on the petition. The lawyers then reportedly submitted before the court that when the Hindu side has appealed to agitate the case in the high court and Supreme Court, there was no point arguing the matter in the trial court. They also submitted that when the ASI survey of the Gyanvapi complex had been done once already, there was no justification for conducting another survey. The lawyers of the committee had also stated that digging a pit in the mosque premises for the survey was not practical in any way, and could damage the mosque. Previously, the Hindu side had argued that the original place of 'Jyotirlinga' was in the centre, under the dome of the purported mosque located in the Gyanvapi complex. "Geographical water used to flow continuously from the 'Argha' which used to collect in the Gyanvapi Kund. It was believed that drinking this water gives knowledge. Therefore, this pilgrimage is also considered as 'Gyanoday Tirth'," it was argued earlier during hearings. The Hindu party has demanded the examination of the water through water engineering, geologists and archeologists. Further, the 'Shivling' found from the Gyanoday Tirth, which the Muslim side termed as the "wazukhana", should also be examined to ascertain whether it is a 'Shivling' or a fountain, they had said. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)First Published: Oct 10 2024 | 6:22 PM IST [ad_2] Source link

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Gyanvapi case update: Supreme Court rejects mosque side’s petition.

[legalupanishad]

Gyanvapi Mosque Committee Challenges Varanasi Court's ASI Survey Order

This article on 'Gyanvapi Mosque Committee Challenges Varanasi Court's ASI Survey Order' was written by Anukriti Prakash, an intern at Legal Upanishad.

INTRODUCTION

The Gyanvapi Mosque-Kashi Vishwanath Temple dispute is one of India's longest-running religious conflicts. The issue is focused on who owns the land on which the Gyanvapi Mosque exists, with Hindu parties saying that the mosque was constructed on the site of an old Kashi Vishwanath Temple that Mughal Emperor Aurangzeb demolished. The controversy has been the subject of multiple legal disputes, and a recent Varanasi court ruling for an ASI assessment of the site has re-ignited the debate. The Gyanvapi mosque committee has now filed an appeal with the Allahabad High Court, claiming that the survey will breach the mosque's status as a protected monument. The dispute revived an argument in India about religious tolerance and the preservation of cultural heritage. This article is an attempt to analyse the facts, issues and the recent happening in this dispute.

BRIEF FACTS

The Anjuman Intezamia Masjid Committee, which is responsible for managing 22 mosques including the Gyanvapi Masjid in Varanasi, has submitted a petition to the Allahabad High Court. The petition challenges the District Court's verdict of July 21, which ordered an ASI survey of the Mosque Premises (except for Wuzukhana). The Supreme Court ordered that the Varanasi Court's ruling should not be implemented until 5 p.m. on July 26 in order to give the Masjid committee some "breathing time" to seek the High Court. The plea was submitted the next day. A bench consisting of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra issued the Supreme Court's ruling on July 24. Before its temporary injunction expires on July 26, the ruling asked the High Court Chief Justice to permit a hearing on Masjid's plea. The Archaeological Survey of India (ASI) notified the three-judge bench during the hearing that it does not plan to conduct any excavations at the Gyanvapi site for at least a week. In contrast, the Varanasi District Court authorized excavation to determine if the 16th-century mosque was constructed on an earlier temple.

CONTENTIONS OF BOTH THE PARTIES

The Hindu groups contend that the old Kashi Vishwanath Temple, which Mughal Emperor Aurangzeb demolished, was located where the Gyanvapi Mosque is now located. They contend that the mosque ought to be taken down and the temple restored. To support this assertion, they have referred to several kinds of historical and archaeological sources and documents. On the other hand, the mosque committee argues that the mosque is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. They argue that the ASI survey would violate the mosque's status as a protected monument and that the survey could damage the mosque's structure. The Varanasi court ordered the ASI survey of the site to determine the truth behind the claims made by the Hindu groups. The mosque committee has challenged this order in the Allahabad High Court, arguing that the survey would violate the mosque's status as a protected monument. The case is still ongoing, and it remains to be seen what the final decision will be.

RECENT EVENTS OF THE GYANVAPI MOSQUE CASE

The Anjuman Intezamia Masjid Committee, which is responsible for managing the Gyanvapi Mosque in Varanasi, moved to the Allahabad High Court to challenge a District Court's verdict that ordered an ASI survey of the mosque premises (except for Wuzukhana). The committee's contention that the District Court's ruling was made without taking into account the mosque's status as a protected monument under the 1958 Ancient Monuments and Archaeological Sites and Remains Act forms the basis of its petition. The committee has further argued that the District Court lacked the authority to issue such an order. Additionally, the Anjuman Intezamia Masjid Committee has claimed that the District Court's ruling infringes on their basic right of religion to practice and promote their belief under Article 25 of the Constitution. The committee claims that the ASI survey would violate their right to free exercise of religion and harm the mosque beyond restoration. The committee has also argued that the District Court's order is based on a misinterpretation of the Archaeological Survey of India Act, 1958, and that the District Court had no power to order an ASI survey of the mosque. The Allahabad High Court is currently hearing the case, and the next hearing is scheduled for July 27.

CONCLUSION

The Gyanvapi Mosque dispute has been ongoing for several years. The recent developments in the case have led to a lot of controversy and unrest. The Anjuman Intezamia Masjid Committee's plea in the Allahabad High Court challenges the Varanasi Court's order for an ASI survey of the mosque premises. The committee claims that the poll would violate their right to free exercise of religion and harm the mosque beyond repair. The Allahabad High Court is now hearing the matter, and the next hearing has been scheduled for July 27. The outcome of this case will have far-reaching implications for the country.

REFERENCES

Apurva Vishwanath, "Gyanvapi Mosque case: what the Varanasi court said", Indian Express, 15 September 2022, available at: https://indianexpress.com/article/explained/gyanvapi-mosque-case-what-the-varanasi-court-said-8147303/ (Last Visited: 25 July 2023). “Mosque Committee moves Allahabad HC against Gyanvapi Masjid Survey Order”, DT next, 25 July 2023, available at: https://www.dtnext.in/news/national/mosque-committee-moves-allahabad-hc-against-gyanvapi-masjid-survey-order-726242?infinitescroll=1 (Last Visited: 26 July 2023). “Gyanvapi: ‘ASI survey will create some upheaval in country’: Mosque Committee argues in High Court challenging Varanasi court order”, Live Law, 25 July 2023, available at: https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-gyanvapi-asi-survey-upheaval-country-mosque-committee-argues-varanasi-court-233601#:~:text=ChallengingtheVaranasiCourt’sorder,someupheavalinthecountry. (Last Visited: 26 July 2023). Read the full article

[all-about-news24x7]

Allahabad HC on Gyanvapi case

On 31st May 2023, the Allahabad High Court dismissed the revision petition of the Anjuman Intezamia Masajid Committee in connection with the Gyanvapi case of Varanasi. The Anjuman Intezamia had challenged the maintainability of a plea by five Hindu women worshippers filed in Varanasi Court seeking the right to worship inside the Gyanvapi complex in Varanasi. The Varanasi District Court is hearing…

[gadgetsforusesblog]

Ruling on petition in connection with hearing 7 case on 27 March ntc

A new date has again been set for the decision on the petition to hear 7 cases related to Gyanvapi together. The district judge of Varanasi will rule on the case on Monday, March 27. Actually, District Judge Ajay Krishna Vishwesh in Varanasi had made the decision in the transfer application in the past, but even after the passing of several dates, the decision is not given. Now the date of the…

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Gyanvapi:ज्ञानवापी मामले में निगरानी याचिका पर सुनवाई टली, अब 18 जनवरी को होगी सुनवाई - Hearing On Monitoring Petition In Gyanvapi Case Postponed Now Hearing Will Be Held On 18 January

Gyanvapi:ज्ञानवापी मामले में निगरानी याचिका पर सुनवाई टली, अब 18 जनवरी को होगी सुनवाई – Hearing On Monitoring Petition In Gyanvapi Case Postponed Now Hearing Will Be Held On 18 January

वाराणसी कोर्ट – फोटो : अमर उजाला ख़बर सुनें ख़बर सुनें ज्ञानवापी आदि विश्वेश्वर वाद प्रकरण में सिविल जज फास्ट ट्रैक कोर्ट सीनियर डिविजन के आदेश के खिलाफ अंजुमन की तरफ से दाखिल निगरानी याचिका पर बुधवार को सुनवाई टल गई। जिला जज डॉ. अजय कृष्ण विश्वेश की अदालत में होनी थी। अब मामले में सुनवाई 18 जनवरी को होगी।  अंजुमन इंतजामिया मसाजिद कमेटी की ओर से पिछले दिनों लोअर कोर्ट के आदेश के खिलाफ सत्र…

[rickztalk]

Krishna Janmabhoomi case: Mathura court orders Gyanvapi Masjid-like survey of Shahi Idgah mosque | India News

Krishna Janmabhoomi case: Mathura court orders Gyanvapi Masjid-like survey of Shahi Idgah mosque | India News

Mathura (Uttar Pradesh): Mathura local court on Saturday passed an order in the Krishna Janmabhoomi-Shahi Idgah case to survey the disputed site. The Court of Senior Division, while hearing the petition of Hindu Sena, issued an order to survey the disputed site. Issuing notices to all the parties, saying they have been asked to comply with the court`s order. The survey report is to be presented…

[newsyatra]

Court Will Give Order Today On Monitoring Petition Filed In Gyanvapi Case - ज्ञानवापी प्रकरण में दाखिल निगरानी याचिका पर अदालत आज सुनाएगी आदेश

Court Will Give Order Today On Monitoring Petition Filed In Gyanvapi Case – ज्ञानवापी प्रकरण में दाखिल निगरानी याचिका पर अदालत आज सुनाएगी आदेश

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न्यूज डेस्क, अमर उजाल���, वाराणसी

Updated Thu, 22 Oct 2020 12:03 AM IST

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Gyanvapi Case: UP Court To Hear Plea For Prayers At 'Shivling' At Mosque

Gyanvapi Case: UP Court To Hear Plea For Prayers At ‘Shivling’ At Mosque

Lucknow: A petition seeking that prayers be allowed to the “Shivaling” found inside Varanasi’s Gyanvapi mosque complex, will be heard by a local court. The petition has also sought that Muslims be banned from the Gyanvapi mosque complex and it be handed over to Hindus. A fast-track court, in its order on the matter today, has said that the petition is “maintainable”. Another court in Varanasi is…

[squarwell-breakingnews]

High Court To Hear Plea Challenging Verdict In Gyanvapi Case On Wednesday

High Court To Hear Plea Challenging Verdict In Gyanvapi Case On Wednesday

The mosque committee has now filed a revision petition in the high court. (File) Prayagraj, UP: The Allahabad High Court will hear on Wednesday the Anjuman Intezamia Masjid Committee’s petition challenging the Varanasi district court’s September 12 order rejecting its application against the maintainability of a plea seeking daily worship of Hindu deities whose idols are located on an outer wall…

[znewstech]

High Court To Hear Plea Challenging Verdict In Gyanvapi Case On Wednesday

High Court To Hear Plea Challenging Verdict In Gyanvapi Case On Wednesday

The mosque committee has now filed a revision petition in the high court. (File) Prayagraj, UP: The Allahabad High Court will hear on Wednesday the Anjuman Intezamia Masjid Committee’s petition challenging the Varanasi district court’s September 12 order rejecting its application against the maintainability of a plea seeking daily worship of Hindu deities whose idols are located on an outer wall…

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Gyanvapi Case: Court dismisses Shivling's petition seeking carbon dating

Gyanvapi Case: Court dismisses Shivling’s petition seeking carbon dating

Varanasi court rejected the demand of the Hindu side seeking carbon dating and scientific investigation of the ‘Shivling’ in the Gyanvapi mosque complex. The district court of Varanasi on Friday rejected the demand of Hindu worshipers for carbon dating and a “scientific investigation” of the ‘Shivling’, reports LiveLaw. The arguments on the petition were completed on Tuesday and the court…

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The Case Of The Gyanvapi Mosque Explained

The Gyanvapi mosque complex is embroiled in a conflict that has yet again fuelled communal tensions in India. On Monday, September 12, the Varanasi District and Sessions Court rejected The Anjuman Intezamia Masajid Committee’s appeal evoking the 1991 Places of Worship Act against the civil petition filed by a group of five Hindu women.

This civil petition by these women sought permission to worship Hindu deities inside the grounds of the Gyanvapi mosque complex. The “Anjuman Intezamia Masajid” is the Muslim committee that manages the Gyanvapi mosque complex.

Brief History of the Gyanvapi Mosque Conflict

The Kashi Vishwanath Temple-Gyanvapi Mosque conflict began last year. In August 2021 a case was first registered and presented to the local court by five Hindu women. Then, in April 2022 the district court in Varanasi appointed an advocate commissioner namely Ajay Kumar Mishra to this case. In the same month, an important announcement was made by a civil court that affected the Hindu-Muslim tensions significantly. The announcement was a verdict that ordered the Archaeological Survey of India (ASI) that inspection be done in the mosque. This inspection demanded a video survey of the Gyanvapi mosque be done.

One significant development happened on May 19 when this video survey was apparently “leaked” by the Hindu group. The controversial video apparently revealed a stone shaft that allegedly is a symbol of a Hindu deity, inside the mosque. However, even this claim has been refuted by many people. After that, the court sealed off a portion of the mosque without allowing the Intizamia committee to argue their case.

The Hindu group claimed the presence of a “shivling”, the holy Hindu artifact, inside the mosque. Simultaneously, after a petition by the Anjuman Iztizamiya Masajid, the supreme court was also looking into this case. The petition by the Intizamiya committee sought the intervention of the supreme court. The committee doubted the nature of the investigation being carried out by the district and civil court. The committee questioned the very basis of the petition.

The supreme court at that point in time didn’t comment much on the presence of a shivling inside the mosque. However, it did order that security is provided to the Indian Muslims worshippers in the Gyanvapi mosque. At the same time, the supreme court also said that the district court may continue to address this issue. The case will now be heard on September 22.

Historical claims at the Gyanvapi Mosque Complex

Many Hindu petitioners claim that the Gyanvapi Mosque was made after Muslims demolished the historic Hindu temple Kashi Vishwanath. They also claim that it was under the orders of the Muslim Mughal emperor Aurangzeb that the temple was razed. Many Hindus still ascertain that the mosque is still the original sacred site of Hindu worship.

Along with the Ram Janmabhoomi Temple- Babri Masjid site in Ayodhya, the Vishwa Hindu Parishad’s Ram Temple movement also sought to “liberate” the Kashi-Vishwanath Temple-Gyanvapi Mosque site and the Shri Krishna Janmabhoomi in Mathura. The Gyanvapi mosque is one of the three mosques that make up some catchphrases of the Hindutva. One of the popular ones is “Ayodhya toh jhaanki hai, Kashi-Mathura baaki hai,“. The BJP and other Hindutva organizations in the 1980s popularised this slogan. The slogan reads, “Ayodhya is just a trailer; Kashi and Mathura are next.”

The Intizamiya Committee approached the court claiming the nature of the petition of the Hindu group is in itself questionable. The mosque’s management committee claimed that the mosque next was Waqf property. What serves as the foundation for the defense of the Muslim committee is the Places of Worship Act of 1991.

Places of Worship Act of 1991

The long title describes it as “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August 1947, and for matters connected therewith or incidental thereto.”

A place of worship belonging to any religious tradition cannot be converted entirely—or even partially—into a place of worship belonging to another tradition, or even into a different branch of the same tradition, as stated in Section 3 of the Act.

According to Section 4(1), a place of worship “must continue to have the same character as it was on August 15, 1947” in terms of its religious affiliation.

As per Section 4(2), any lawsuit or legal action related to the conversion of a place of worship that existed on August 15, 1947, and was pending before any court, shall be dropped, and no new lawsuit or legal action shall be brought.

Section 5 states that the Ram Janmabhoomi-Babri Masjid case and any related lawsuit, appeal, or action are exempt from the Act’s application. Islamophobia

The Ram Temple movement was at its height when the then Prime Minister PV Narsimha Rao introduced the Places of Worship Act. L. K. Advani’s rath yatra had increased communal tensions even before the extremist Hindutva mobs demolished the mosque. Attempting to avoid any further communal violence, the congress government passed the bill in the parliament.  

What did the Courts say about the Places of Worship Act in its Varanasi judgment?

District Judge A K Vishvesha noted in his ruling that one of the defendant’s “principal contentions” was that the plaintiff’s lawsuit was barred under Section 4 of the Places of Worship (Special Provisions) Act, 1991. The judgment did note that the plaintiffs claimed that “they were worshiping…at the disputed spot ceaselessly from a long time till 1993”. After 1993, they were only permitted to worship the aforementioned deities once a year under Uttar Pradesh’s regulated administration. Thus, according to the plaintiffs, they continued to frequently worship at the contested location even after 15 August 1947. “Therefore, The Places of Worship (Special Provisions) Act, 1991, does not operate as a bar on the suit of plaintiffs, and the suit is not barred by…the Act”.

The constitutional validity of the 1991 Act was not under challenge. Nor had it been examined before the Supreme Court Bench that heard the Ram Janmabhoomi-Babri Masjid title suit. Even so, the court, while disagreeing with certain conclusions drawn by the Allahabad High Court, about the act made specific observations in its support.

Hindus and Muslims have prayed side by side in Varanasi. The heavily guarded structure serves as a reminder of this sight’s tense past. It is also a reminder of communal disputes and unrest in India. A country where Hindus make up the majority and Muslims constitute the largest religious minority.