In a major development, the Allahabad High Court, on Wednesday, dismissed the Muslim side's plea challenging the maintainability of five Hindu women worshippers' suit filed in Varanasi Court seeking the right to worship inside Gyanvapi mosque in Varanasi.
The latest observation from the court came in response to a civil revision petition filed by the Anjuman Intezamia Masjid Committee (AIMC) challenging a Varanasi court order. The petitioner, the Muslim side, seeks to turn down its objections to the maintainability of the suit filed by five Hindu women seeking permission to regularly worship Shringar Gauri and other deities in Varanasi’s Gyanvapi mosque compound.
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.
To this, the court gave a week's time to both Hindu and Muslim sides to file objections to the report of a court-mandated videography survey of the Gyanvapi mosque premises.
Lawyers terms decision as "historic"
Meanwhile, Vishnu Shankar Jain, a lawyer for the Hindu side, has termed today's decision a "historic verdict" and added, "The court clearly has said that Anjuman Intezamia Mosque Committee's petition is not maintainable and dismissed it."
He argued that the suit doesn't have merit as it violates the Places of Worship (Special Provisions) Act, 1991.
Section 4 of the Act bars filing of any suit or initiating any other legal proceeding for a conversion of the religious character of any place of worship, as existing on August 15, 1947.
"It is a big win for the Hindu side. We welcome the decision of the court to dismiss Order 7 Rule CPC plea filed by Anjuman Intazamia Mosque Committee which challenged the maintainability of the suit of five Hindu women worshippers seeking the right to worship inside Gyanvapi mosque," said Subhash Nandan Chaturvedi, another lawyer representing the Hindu side.
Earlier, Anjuman Intezamia Masjid Committee's lawyer Mohammad Tauhid Khan had argued that the writ is not maintainable under Order 7 and Rule 11 of the Civil Procedure Code, hence, it should be dismissed.
(With inputs from agencies)
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