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Synopsis

The Allahabad High Court has sought the entire records of the suit filed by five Hindu women pending before the Varanasi Court for permission to worship Hindu deities allegedly residing inside the Gyanvapi complex.

The bench of Justice JJ Munir directed the District Judge, Varanasi to ensure that photostat copies of the original records, duly verified by him are sent to the high court by October 21 i.e. the next date of hearing in the revision plea moved by the Anjuman Intezamia Masjid Committee, Varanasi against rejection of its application under Order 7 Rule 11 of the Code of Civil Procedure.

Earlier, on October 17, the single judge bench had asked the Varanasi District Judge to send a photostat copy of all papers on the basis of which he had disposed of the application under Order VII Rule 11 CPC.

However, on October 19, acceding to the request made by Senior Advocate S.F.A. Naqvi appearing for the mosque management committee that the entire records of the suit are necessary for the proper adjudication of the issues involved in the present revision, court sought the entire records except photostat copies which have already been sent by the District Judge. 

The mosque management committee has moved the high court against the order passed by the Varanasi District and Sessions Judge rejecting its application challenging the maintainability of the suit by the Hindu women.

On September 12, 2022, Dr. A.K. Vishvesha, District and Sessions Judge, Varanasi, rejected the application moved by mosque management questioning the maintainability of the said suit. Against the abovesaid order, the mosque management committed has filed a civil revision plea before the high court.

The matter pertains to the suit where the Hindu women have alleged that Maa Shringar Gauri, Lord Ganesha, Lord Hanuman & other visible and invisible deities reside inside the Gyanvapi Complex, therefore, they should be allowed to perform all rituals of these deities inside the complex all year long. Earlier, permission used to be granted to perform the rituals of Hindu pooja only once a year.

The plaintiffs' demand is however being contested by the Anjuman Intezamia Masajid Committee which manages the affairs of Gyanvapi mosque and the Waqf Board.

Initially, the suit was being heard by a Civil Judge Senior Division Varanasi, however, on May 19, 2022, the Supreme Court ordered to transfer the suit to the court of District Judge for further proceedings. Along with that, the top court directed the District Judge to decide the application challenging the maintainability of the suit on priority.

The District Judge rejected the said plea and ordered the parties to proceed further. Thereafter, four out of the five plaintiffs filed an application before the local court seeking scientific investigation (including carbon dating) of the Shivlinga found during a court-ordered survey of the Gyanvapi complex.

However, the District Judge, on October 14, rejected the same stating that the supreme court has ordered to protect the place where the alleged Shivalinga was found, therefore, the plea for its 'scientific investigation' could not be allowed.

In the revision plea before the high court, Senior Advocate S.F.A. Naqvi assisted by Mr. Zaheer Asghar is appearing for the mosque committee, Adv. Vishnu Shanker Jain is appearing for respondents Nos. 2 to 5 (plaintiff no. 2 to 5 in the suit before Varanasi Court), Adv.  Arya Suman Pandey and Adv. Saurabh Tiwari are appearing on behalf of plaintiff no. 1 Rakhi Singh. 

Case Title: Committee of Management Anjuman Intezamia Masajid Varanasi Vs Smt. Rakhi Singh And 9 Others