The Varanasi district court on Wednesday afternoon resumed its hearing on a plea of the Anjuman Intezamia Masjid Committee (AIMC) challenging the maintainability of a suit filed by Hindu women seeking permission for daily worship at the Shringar Gauri Sthal in the Kashi Vishwanath-Gyanvapi complex.
The advocates for the four Hindu women petitioners resumed their arguments in the court of district judge AK Vishvesh a day after advocates for AIMC concluded their arguments saying the suit seeking permission for daily worship at the Maa Shringar Gauri Sthal is non-maintainable.
In August 2021, Rakhi Singh and four other Hindu women filed the petition seeking permission for worship of Maa Shringar Gauri daily. The case is titled Rakhi Singh and others versus Uttar Pradesh state and Anzuman Intezamia Masajid Committee.
Akhlaque Ahmad, an advocate appearing on behalf of AIMC, which manages the Gyanvapi mosque, said, “We presented several arguments to support our stand that the case is non-maintainable. We concluded our argument for now.”
The Muslim side also argued that the plea is not maintainable as the Places of Worship Act, 1991, prohibits conversion of any place of worship and mandates the maintenance of the religious character of any place of worship as it existed on August 15, 1947. Later in the day, the advocates for Hindu side presented their arguments.
Vishnu Shankar Jain, advocate for the four plaintiffs, said, “Places of Worship Act,1991, Section 4(2) is not applicable in this case. Waqf Act is also not applicable. Our case is covered by Kashi Act of 1983.”
“We believe that the case is maintainable and will state the same before the court again on Wednesday,” he added.
Vishwa Vedic Sanatan Sangh chief Jitendra Singh Vishen alleged that advocate Vishnu Shankar Jain was the standing counsel for the Uttar Pradesh government in the Supreme Court and hence he cannot represent petitioners in any case in which the state government is the party.
However, Jain countered Vishen. “Yes, I am the standing counsel for the Uttar Pradesh government in the Supreme Court but I have a no objection certificate from the government for representing this case,” Jain said.
After the suit was filed, a lower court ordered a video survey of the Gyanvapi complex and the Hindu side claimed a ‘Shivling’ was found during the exercise.
The Supreme Court on May 20 transferred the Shringar Gauri-Gyanvapi case from a civil judge (senior division) to the district judge, saying looking at the “complexities and sensitivity of the issue, it is better if a senior judicial officer having experience of over 25-30 years handles this case.”
The hearing in the Varanasi district court regarding the maintainability of the case began on May 26.