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Synopsis

A local court in the Varanasi district of Uttar Pradesh has recently rejected the plea seeking direction to register a first information report (FIR) against Samajwadi Party leader Ex-Chief Minister Akhilesh Yadav and AIMIM chief Asaduddin Owaisi for their allegedly controversial comments pertaining to Kashi Vishwanath-Gyanvapi Mosque case.

Advocate Hari Shankar Pandey had moved a plea under Section 156(3) of the Code of Criminal Procedure seeking FIR registration. Additional Chief Judicial Magistrate Ujjawal Upadhyay dismissed the same on Thursday stating that no cognizable offence was made out against the accused persons as alleged. 

Advocate Pandey had alleged that through their comments on the 'Shiva Linga' found inside the Gyanvapi complex, the two leaders hurt the religious sentiments and were trying to instigate the emotions of the people for the purpose of votes.

The plea was admitted on November 15 last year and on January 31, the Court had reserved the orders in it.

While tabling the verdict, Court took note of the fact that the state administration, which is responsible for the maintenance of law and order, had not taken any action against the two accused persons. Court opined that there was no ground to intervene in the authorities’ decision.

On May 16, 2022, during a survey by the court-appointed commission, a Shivlinga-like structure was found inside the Wazookhana of the Gyanvapi complex. 

On the same day, Civil Judge (Senior Division) Ravi Kumar Diwakar passed an order to seal the disputed site at the complex.

The structure, which was found during a court-ordered survey of the Gyanvapi, is being alleged to be a Shivlingam by the Hindu side, and a fountain by the Mosque side.

A plea seeking a scientific investigation of the black stone (alleged Shivlingam) to determine its age, nature, and other constituents is pending before the local court.