BREAKING: Varanasi Court rejects CPC Order 7 Rule 11 application filed by mosque committee in Gyanvapi case

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In May this year, the Top Court directed Varanasi District Judge to decide the application challenging the maintainability of the suit on priority.

Varanasi District and Sessions Judge Dr. A.K. Vishvesha today rejected the application moved by the Anjuman Intezamia Masjid Committee questioning the maintainability of the suit filed seeking permission to worship Hindu deities allegedly residing inside the Gyanvapi complex.

The hearing in the application under Order 7 Rule 11 of the Code of Civil Procedure had been concluded on August 24, 2022, and court had reserved the order which was pronounced today. 

A detailed copy of the order is awaited. The matter will be next heard on September 22, 2022. 

Five Hindu women devotees filed a suit alleging 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.

However, the claim is being contested by the Anjuman Intezamia Masajid Committee which manages the affairs of Gyanvapi mosque and Waqf Board. 

Initially, the suit by the Hindu women devotees 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. 

In the suit proceedings, Civil Judge (Senior Division) Ravi Kumar Diwakar on May 12 appointed Advocate Commissioner to inspect, conduct videography and collect evidence regarding the alleged existence of Hindu deities inside Gyanvapi. 

During the court-ordered survey, a Shivling-shaped structure was found, after which Judge Diwakar directed the District Magistrate, Varanasi to seal the disputed site at the Gyanvapi complex.

The decision to protect the area where the indicated Shivling was found was later modified by the Supreme Court to the extent that the local court's direction, in any manner, will not restrain the access of Muslims to the mosque or use of it for performing prayers and religious activities.

Case Title: Rakhi Singh and Ors v. State of UP and Ors.