Gyanvapi dispute DRAFT SC

Gyanvapi dispute DRAFT SC
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The Supreme Court on Tuesday

A bench of Justice DY Chandrachud and Justice PS Narasimha

The bench was hearing a plea filed by Committee of Management Anjuman Intezamia Masajid Varanasi seeking direction to maintain the status quo on the survey of the Gyanvapi-Shringar Gauri complex at Varanasi.

However, on May 13, 2022, the apex court had refused to pass an interim order in order to put on hold, the process of inspection, after the matter was mentioned by Senior Advocate Huzefa Ahmedi.

Earlier, Advocate Vijay Shankar Rastogi, the appointed next friend of Lord Vishweshwar, yesterday told the court that the Hindu parties are fighting for the cause of the lord as per the law. He made the statement in the ongoing hearing before the Allahabad High Court in the case(s) related to the Kashi Vishwanath temple-Gyanvapi mosque dispute of Varanasi.

In furtherance to this, after reports emerged that a Shivling admeasuring 12.8 feet in diameter had been found at the disputed site, Advocate Vijay Shankar Rastogi, the appointed next friend of Lord Vishweshwar, told the Allahabad High Court that the Hindu parties are fighting for the cause of the lord as per the law. He made the statement in the ongoing hearing before the Allahabad High Court in the case(s) related to the Kashi Vishwanath temple-Gyanvapi mosque dispute of Varanasi.

"Here, we are fighting the cause of the Lord as per the law. No structure is being taken down as was the case in the Babri Maszid matter," Rastogi said.

Before this, the Allahabad High Court had also “summarily dismissed” the petition moved by Anjuman Intezamia Masajid Varanasi, the committee that runs Gyanvapi mosque, challenging the appointment of Advocate Ajay Kumar Mishra as the Adv. Commissioner for "inspection & videography" of the "disputed site” where allegedly Hindu deities reside.

Notably, the proceedings in this suit before the Varanasi local court have already been stayed by the high court. The lower court order whereby the Archaeological Survey of India (ASI) was directed to conduct a survey of the Mosque complex has also stayed.

Interestingly, in a separate case, initiated by 5 devotees of the goddess Sringar Gauri and other deities, the local court had appointed an advocate commissioner for "inspection & videography" of the "disputed site” on August 18, 2021, and had directed the authorities to submit a report by May 17. Today, in pursuance of the same, on the 3rd day of said survey, a Shiv Linga was found at the disputed premises.

It may be noted that the Places of Worship Act 1991 has been challenged in the Supreme Court and the plea has stated that "the Act has taken away the power of the Court and Religious Sects to restore their places of Worship". Filed through Ashwini Upadhyay, wherein the notice was issued on the petition in March of 2021.

Cause Title: Committee of Management Anjuman Intezamia Masajid Varanasi Vs. Rakhi Singh & Ors.

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