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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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