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NATION MAY 27, 2022 | The Indian Eye 6
Shivling or fountain? Supreme Courts asks
district judge to handle Gyanvapi case
The apex court also remarked that ascertainment of religious character of a Place
of Worship is not barred under the Places of Worship Act
OUR BUREAU belonged to the Kashi Vishwanath
and that the Gyanvapi Mosque was
Varanasi/Lucknow
only a part of the Temple, had also
n view of the complexity of matter, been pending in the court since 1991.
the Supreme Court on Friday or- Rastogi had claimed that the Kashi
Idered the transfer of the Gyanva- Vishwanath Temple had been built
pi mosque case from the civil judge to over two thousand years ago and the
the district judge, Varanasi. A bench Temple had been demolished by Mu-
of Justices DY Chandrachud, Surya ghal emperor Aurangzeb.
Kant and PS Narasimha ordered that
a “senior and experienced” judicial No excavation at
officer of Uttar Pradesh Higher Judi-
cial Service should examine the case. Qutub Minar: Govt
The bench said District Judge should
decide the maintainability of the civil nion Culture Minister G Kis-
suit in the Gyanvapi-Kashi Vishwa- han Reddy on Sunday denied
nath on priority as sought by Com- Paramilitary personnel patrol the street as devotees arrive to offer Namaz at Gyanvapi Umedia reports claiming that
mittee of Management Anjuman Int- Mosque, in Varanasi on Friday. (ANI Photo) the Archaeological Survey of India
ezamia Masjid Varanasi. would be conducting an excavation
“Having regard to the sensitivity at the Qutub Minar complex. Red-
of this civil suit, this case before the dy said, “No such decision has been
civil judge Varanasi shall stand trans- taken.” Several reports have claimed
ferred and be heard by a senior and that the Ministry of Culture instruct-
experienced judicial officer of UP ed the ASI to conduct the excavation
Judicial services. Thus, the case was and iconography of idols at Qutub
transferred from Civil Judge (senior Minar to ascertain the facts about the
division), Varanasi to District Judge, structure.
Varanasi. The application filed by As per the reports, an ex-ASI offi-
the plaintiff under Order 7 Rule 11 cer claimed that the Qutub Minar was
CPC shall be decided on priority by not built by Qutb al-Din Aibak, and
the District Judge on the transfer of was actually built by Raja Vikramad-
suit,” the bench ordered. itya to study the direction of the Sun.
It further ordered that its in- Likewise, recently the Vishwa
terim order passed on May 17 -- to Hindu Parishad (VHP) spokesman,
protect the area where the Shivling Cameras mounted near the Supreme court building amid the hearing of the Gyanvapi mosque Vinod Bansal claimed that Delhi’s
was found and access to Muslims for famous monument Qutub Minar was
namaz -- shall continue in operation case in New Delhi on Friday (ANI Photo/Amit Sharma) actually “Vishnu Stambh”. He said
till the maintainability of the suit that the monument was built with
is decided and thereafter for eight court that all the orders passed by Ahmadi also said that what was materials obtained after demolishing
weeks to enable parties to pursue the trial court from the beginning found inside was not a Shivling as 27 Hindu-Jain temples.
legal remedies. It further asked the are capable of creating great public per us, it is a fountain. Wazukhana is Earlier, a Saket Court on Tues-
District Magistrate Varanasi to make mischief. Ahmadi said Committee’s sealed and iron gates are placed with day adjourned the hearing for May
alternate arrangements for Wazu af- challenge is to the trial court’s order heavy police presence, he added. The 24, on an appeal regarding the res-
ter consulting the parties. appointing Commission itself, it is apex court also remarked that ascer- toration of 27 Hindu and Jain tem-
It has now posted the matter for prohibited by the 1991 Worship Act tainment of religious character of a ples in the Qutub Minar complex in
hearing in July second week. and the Constitution itself. Place of Worship is not barred under Mehrauli. Appeal suit alleging that
The apex court was hearing a The bench said these are com- the Places of Worship Act. the Quwwat-Ul-Islam Masjid situ-
plea Anjuman Intezamia Masajid plex social problems and no solution Earlier the bench had direct- ated within the Qutub Minar com-
Committee against the Varanasi by the human being can be perfect. ed the concerned District Magis- plex in Mehrauli was built in place
district court order which directed a “Our order is to maintain a certain trate in Varanasi to ensure that the of a temple complex. The suit, filed
videographic survey of the Gyanva- degree of peace and calm and our Shivling recovered from the Gyanva- on behalf of Jain deity Tirthankar
pi Mosque complex, adjacent to the interim orders calms some frayed pi Mosque complex during a survey Lord Rishabh Dev and Hindu deity
famous Kashi Vishwanath Temple in nerves with some healing touch. We by court commissioner be protected. Lord Vishnu (through their next of
Varanasi. are on a joint mission on preserving Another petition filed by one friends), seeks restoration of the al-
Senior advocate Huzefa Ahmadi a sense of unification in the country,” Vijay Shankar Rastogi, who had leged temple complex, comprising as
for Masjid Committee told the apex Justice Chandrachud said. contended that the entire premises many as 27 temples.
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