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“Based on the plaintiffs, they worshipped Maa Shringar Gauri, Lord Hanuman on the disputed place frequently even after fifteenth August, 1947… (therefore) the go well with of the plaintiffs will not be barred by Part 9 of the Act,” district decide A Okay Vishvesha stated, rejecting Anjuman Intezamia Masajid’s petition difficult the maintainability of the go well with.
The Locations of Worship (Particular Provisions) Act, 1991, is a chunk of laws meant to ban conversion of anyplace of worship, and to offer for the upkeep of its non secular character because it existed on August 15, 1947.
Vishvesha, who took over the case from the civil decide (senior division) on the Supreme Courtroom’s orders, will begin listening to the unique plea on September 22. Merajuddin Siddiqui, counsel for the Gyanvapi mosque administration, stated his consumer would transfer the Allahabad excessive courtroom in opposition to the district decide’s verdict.
The 26-page order got here inside 10 minutes of the beginning of Monday’s listening to, triggering scenes of jubilation among the many plaintiffs and their legal professionals. Sohan Lal Arya, husband of one of many 5 plaintiffs, had final month reported a loss of life menace from an unidentified caller utilizing a Pakistan quantity. In June, there was a menace to former civil decide (senior division) Ravi Kumar Diwakar, who had ordered the Gyanvapi mosque survey that led to a purported shivling being discovered within the ablution pond of the shrine.
District decide Vishvesha requested the Gyanvapi administration to file a written assertion in opposition to the salient factors of the Hindu facet’s go well with on September 22. Functions filed by a number of others to develop into get together to the case are to be taken up the identical day.
Lawyer Maan Bahadur Singh, representing Delhi-based plaintiff Rakhi Singh, stated the district courtroom’s order vindicates his consumer’s stand that none among the many related legal guidelines governing locations of worship — together with the Waqf Act and the Sri Kashi Vishwanath Temple Act of 1983 — was a bar to the Shringar Gauri go well with.
“This was by no means a case of Hindu vs Muslim,” stated the lawyer. “Rituals for the deities that had been worshipped each day on the website until 1993 had been stopped beneath restrictions clamped by the UP authorities. Our go well with is restricted to this side.”
Vishnu Jain, counsel for the 4 Varanasi-based plaintiffs — Laxmi Devi, Sita Sahu, Manju Vyas and Rekha Pathak — stated the district decide’s order marks a return to the difficulty at hand.
The unique petition had been filed within the courtroom of the civil decide (senior division) in August 2021, resulting in a court-mandated survey of the Gyanvapi premises this April. The Gyanvapi administration challenged the survey within the Allahabad excessive courtroom, however the plea was turned down. A court-appointed fee began the survey on Might 6 amid protests.
On Might 16, the final day of the survey, the plaintiffs and their legal professionals claimed a shivling had been discovered within the ablution pond of the mosque. The civil decide promptly ordered that the pond space be sealed.
A day after the survey report was submitted on Might 19, the custodians of Gyanvapi moved the Supreme Courtroom, resulting in the switch of the go well with to the district decide. The three-judge bench comprising Justices D Y Chandrachud, Surya Kant and PS Narasimha noticed that the Locations of Worship Act “doesn’t bar ascertainment of the non secular character of a spot of worship”.
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