The court of Varanasi that has been hearing the ongoing Gyanvapi Mosque-Kashi Vishwanath Temple dispute said today that the parties can file their objections to the advocate commissioner’s survey report.
The Court will now hear the plea filed under the Order VII Rule 11 of the Code of Civil Procedure (CPC) .This plea was put by the Muslim party challenging the maintainability of the suit filed by Hindu parties on May 26.
As per the order” The officer who was earlier presiding the case (Civil Judge, CD, Varanasi,) had asked objections of both sides while on the report. by the commissioner. The said order is currently in effect. Therefore, the parties can submit objections to the commission report within seven days.”
The same order was also passed by the the District and Sessions Judge Dr AK Vishvesha.
On Monday, the Hindu parties had submitted that before any decision is taken , the report of the earlier advocate commissioner who surveyed Gyanvapi Mosque and videographed the same, should be considered for deciding the maintainability plea.
The Hindus have filed a civil suit seeking the right to worship inside the premises of the Gyanvapi Mosque, on the ground that it was a Hindu temple and it still houses Hindu deities including Ganesha and Shringar Gauri.
An application has been filed by the Muslim parties under Order VII Rule 11 of the Code of Civil Procedure (CPC) which challenges the maintainability of the suit on ground that the Places of Worship Act of 1991.
The Places of Worship Act of 1991 act was introduced during the Ram Janmabhoomi movement, and it seeks to protect the status of all religious structures as they stood on August 15, 1947.
Section 4 of the Act has also bars courts from entertaining any case regarding such places of worship. The provision further states that such cases already pending in courts would stand abated.
Few days back , survey of the Gyanvapi Mosque was conducted by an advocate commissioner after the order from a civil court . The Gyanvapi masjid area was surveyed, videographed and a report was submitted to the civil court.
The Supreme Court had later transferred the suit to the District judge to take call.
It was then that the Hindu parties contended before the District Court that without taking into account the survey report, the maintainability of the suit cannot be decided, for the nature of the religious structure is the subject matter of the dispute.