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Gyanvapi Mosque Row LIVE Updates: SC Orders Transfer of Case to Varanasi District Judge, Says 'Experienced' Judicial Officer to Hear Matter

Gyanvapi Mosque Row LIVE Updates: The response argued that a mosque can be constructed over the property dedicated by waqif, who should be the owner of the property

News18.com | May 20, 2022, 17:01 IST
Gyanvapi Masjid

Gyanvapi Mosque Row LIVE Updates: The Hindu parties have told the Supreme Court that Gynavapi mosque in Varanasi is not a mosque, as Mughal Emperor Aurangzeb “did not pass any order to create a waqf over the land in question or for handing over land to any Muslim or body of Muslims”.

The respondents’ response, filed through advocate Vishnu Shankar Jain, said: “The historians have confirmed that Islamic ruler Read More

May 20, 2022 17:01 IST

Friday Prayers at Gyanvapi Mosque Pass off Peacefully: Police

The Friday namaz at the Gyanvapi mosque passed off peacefully amid tight security arrangements, police said. In view of the Friday prayer, the police had made strict security arrangements with heavy deployment of forces at gate number 4 of the Kashi Vishwanath temple, from where ‘namazis’ were allowed to enter, they said. Earlier, the Anjuman Intazamiya Masajid Committee had appealed to the devotees not to come in large numbers to offer prayers in view of the the ‘wazookhana’ having been sealed. The ‘wazookhana’ was sealed on a Varanasi court order after some counsel representing Hindu petitioners to the court seeking permission to perform worship of deities at the western wall of the mosque, had claimed that during the court-ordered survey, a “shivling” was found in the “wazookhana”. The mosque management committee, however, has claimed that the structure was part of a fountain in the ‘wazookhana’. PTI

May 20, 2022 16:25 IST

Hybrid Character of Religious Place Not Unknown: SC

Senior advocate Huzefa Ahmadi for Masajid Committee told the Supreme Court that what was found inside was not a shivling but a fountain, and that the ‘wazu khana’ was sealed and iron gates placed there under heavy police presence. To this, the SC said ascertainment of religious character was not barred under Section 3 of the 1991 Places of Worship Act. “Forget there is mosque on one side and temple on the other. Suppose there is a Parsi temple and there is a cross in the corner of the area. Does the presence of ‘agyari’ make the cross ‘agyari’ or ‘agyari’ Christian? This hybrid character is not unknown. Here a structure of Zoroastrian faith will not make the Christian structure Zoroastrian or vice versa, but the ascertainment of religious character of a place may not necessarily fall foul of Section 3 of the 1991 Act,” the apex court said.

May 20, 2022 16:20 IST

Cannot Allow Selective Leaks of Commission's Report: SC

Noting the report of the commission being leaked in the media, the Supreme Court said once the report was presented, there could not be selective leaks. “Do not leak things to the press, only judge opens the report,” the SC added. ANI

May 20, 2022 16:15 IST

SC Orders Transfer of Case to Varanasi District Judge

After hearing the Muslim side’s plea, the Supreme Court on Friday ordered the transfer of Gyanvapi mosque case to Varanasi district judge. The top court said a “senior and experienced” judicial officer of the Uttar Pradesh judicial services will hear the case. It said with regard to the “sensitivity” of this civil suit, the case is transferred from senior division civil judge to district judge of Varanasi.

May 20, 2022 16:07 IST

Complex Social Problem, Solution by Humans Can't be Perfect: SC

The Supreme Court, while hearing the Muslim side’s plea, said: “These are complex social problems and no solution by a human being can be perfect. Our order is to maintain a certain degree of peace and calm. Interim orders calm some frayed nerves with a healing touch.”

May 20, 2022 16:05 IST

Not Allowing Trial Court to Run Amok: SC

Hearing the Muslim side’s arguments, the SC said: “Having seen merit in your argument, we are not allowing trial court to run amok. Therefore, we hold the balance. We have created a framework to maintain peace and an atmosphere of fraternity between communities as Constitution envisages and it’s our duty to uphold that message.”

May 20, 2022 15:43 IST

Interim Order on 'Shivling' Protection, Access to Muslims to Continue: SC

The SC said the district judge will decide upon the mosque committee’s plea that suit by Hindu party is not maintainable. Till then, it added, interim order on protection of “shivling area” and free access to Muslims to perform namaz will continue. ANI

May 20, 2022 15:39 IST

District Judge May Handle Trial of Suit for Worship Inside Mosque: SC

The Supreme Court has suggested that the Gyanvapi mosque case should be heard by district judge in Varanasi. “A slightly more seasoned and mature hand should hear this case. We’re not making aspersion on trial judge. But more seasoned hand should deal with this case and it’ll benefit all parties,” SC observed. ANI

May 20, 2022 15:38 IST

SC Begins Hearing of Anjuman Intezamia Masajid Committee's Plea

The Supreme Court on Friday began hearing a plea by Anjuman Intezamia Masajid Committee, against an order by the Varanasi district court that directed a videographic survey of the Gyanvapi Mosque complex, adjacent to the famous Kashi Vishwanath Temple. ANI

May 20, 2022 15:19 IST

Kashi Vishwanath Trust to File Plea to Bring Down Nandi Wall, Say Sources

Now, the Kashi Vishwanath Mandir trust will also file a petition in court, seeking to bring down the wall in front of Nandi, sources said.

May 20, 2022 15:15 IST

It is only a fountain, I do not see how it is a 'shivling': Abdul Batin Nomani

Varanasi UP| All old Shahi Mosques have a fountain. Banaras has 3 shahi mosques incl Gyanvapi, Alamgiri&Dharara with fountains. Across UP, you will find many such fountains. It is only a fountain, I do not see how it is a ‘shivling’: Abdul Batin Nomani, Secretary Anjuman Intezamia to ANI.

May 20, 2022 14:54 IST

Varanasi court fixes May 23 for next hearing in Gyanvapi case

A Varanasi court hearing the Gyanvapi-Shringar Gauri case on Thursday posted the matter to May 23 for the next hearing. Both the parties filed their objections and counter-objections on Thursday. In view of the Supreme Court’s order to the lower court not to proceed with the matter till Friday, it fixed May 23 for the next hearing, Madan Mohan Yadav, the lawyer representing the Hindu side, said. Abhay Yadav, the lawyer appearing for the Muslim side, said the plaintiff had demanded the court-appointed team to carry on with its proceedings by demolishing certain walls, “to which we have objected”. “Also, a government counsel had demanded the removal of fish from a man-made pond located on the premises of the mosque. These fish are ours and we have raised our objection to this petition as well,” he said.

May 20, 2022 14:02 IST

Hindu Party Tells Apex Court, 'Gyanvapi Not Mosque as Aurangzeb Didn't Create Waqf'

The Hindu parties have told the Supreme Court that Gynavapi mosque in Varanasi is not a mosque, as Mughal Emperor Aurangzeb “did not pass any order to create a waqf over the land in question or for handing over land to any Muslim or body of Muslims”.

The respondents’ response, filed through advocate Vishnu Shankar Jain, said: “The historians have confirmed that Islamic ruler Aurangzeb had issued an order on April 9, 1669 directing his administration to demolish the temple of Lord Adi Visheshwar at Varanasi. There is nothing on record to establish that the then ruler or any subsequent ruler has passed any order to create a waqf over the land in question or for handing over the land to any Muslim or body of Muslims. The copy of farmaan/order issued by Aurangzeb is reported to be maintained by Asiatic Library Kolkata.”

The response argued that a mosque can be constructed over the property dedicated by waqif, who should be the owner of the property and a construction raised under the orders of any Muslim ruler or by any Muslim over the land of a temple cannot be construed as mosque.

“A waqf can be created only on the land dedicated to waqf by wakif who is owner of the land. In the instant case, it is clear that from the time immemorial the land and property belong to the deity and therefore there can be no mosque thereat,” it added.

May 20, 2022 12:57 IST

Allahabad High Court adjourns the hearing in the Kashi-Vishwanath temple-Gyanvapi Mosque case

Allahabad High Court adjourns the hearing in the Kashi-Vishwanath temple-Gyanvapi Mosque issue of Varanasi till 6th July.

May 20, 2022 12:45 IST

Kangana on Gyanvapi case: Lord Shiva in every particle of Kashi, doesn't need structure

Commenting on the Gyanvapi issue, actor Kangana Ranaut has said Lord Shiva is omnipresent and doesn’t need a structure to prove his existence. Ranaut, known for her combative and often controversial remarks, offered prayers at the Kashi Vishwanath temple along with the team of her upcoming film “Dhaakad” on Wednesday. “Just like there is Lord Krishna in every particle of Mathura and Lord Ram in every particle of Ayodhya, there is Lord Shiva in every particle of Kashi. He doesn’t need a structure, he is present in every particle,” the actor told reporters when she was asked to express her opinion on the ongoing case of the Kashi Vishwanath temple-Gyanvapi Mosque complex. She signed off with the ‘Har Har Mahadev’ chant.

May 20, 2022 12:37 IST

Hearing Resumes in Allahabad HC; Hindu Lawyer Claims 'Shivling Not Man-made But Self-manifested'

Hearing has resumed in Allahabad High Court on the Gyanvapi mosque case. “The shivling in Gyanvapi Mandir, as described in the scriptures, is a self-manifested one. I cannot be man-made. It has been described in Shiv Puran,” the lawyer from the Hindu side has said. “State is not the owner of Kashi Vishwanath’s property because he is a self-manifested lord,” he said.

May 20, 2022 10:01 IST

Supreme Court to Hear Matter at 3 PM Today

Varanasi | The Supreme Court will hear the matter at 3pm today. I have heard that the survey report submitted in the court was leaked. I can’t say how this happened: Assistant Court Commissioner Ajay Pratap Singh on Gyanvapi mosque survey

May 20, 2022 08:40 IST

Varanasi court fixes May 23 for next hearing in Gyanvapi case

A Varanasi court hearing the Gyanvapi-Shringar Gauri case on Thursday posted the matter to May 23 for the next hearing. Both the parties filed their objections and counter-objections on Thursday. In view of the Supreme Court’s order to the lower court not to proceed with the matter till Friday, it fixed May 23 for the next hearing, Madan Mohan Yadav, the lawyer representing the Hindu side, said. Abhay Yadav, the lawyer appearing for the Muslim side, said the plaintiff had demanded the court-appointed team to carry on with its proceedings by demolishing certain walls, “to which we have objected”. “Also, a government counsel had demanded the removal of fish from a man-made pond located on the premises of the mosque. These fish are ours and we have raised our objection to this petition as well,” he said.

May 20, 2022 07:43 IST

SP MP asks Oppn to counter Shivling 'propaganda'

Samajwadi Party MP Shafiqur Rehman Barq on Thursday said the claimed discovery of a Shivling in Varanasi’s Gyanvapi mosque complex was false propaganda and urged opposition parties to counter it. The local MP said Hindus and Muslims should ensure that such propaganda is stopped as every mosque is now being seen with suspicion. He asked why Muslims would keep a Shivling at their place of worship as this would be idol worship, which is against the Shariat. Earlier this week, Hindu lawyers had claimed that a structure found in the `wazookhana’ reservoir at the mosque during a court-ordered survey was a Shivling. The mosque committee members disputed the claim, saying the structure was part of the fountain mechanism at the wazookhana, where people perform ritual ablutions before offering namaz. The MP termed the BJP an RSS organisation and accused both bodies of trying to spoil the atmosphere in the country.

May 20, 2022 07:17 IST

Owaisi wants to remain in news with his statements: UP Deputy CM

Uttar Pradesh Deputy Chief Minister Brajesh Pathak on Thursday said AIMIM’s leader Asaduddin Owaisi “wants to remain in news” by making statements on Gyanvapi mosque issue. However, Pathak did not comment on the Gyanvapi issue and said the “matter is in court and we will follow the order”. When asked about the recent views of All India Majlis-e-Ittehadul Muslimeen chief on the Gyanvapi mosque issue, Pathak said,”The AIMIM chief wants to remain in news by making such statements.” The Supreme Court on Thursday asked the civil court in Varanasi to not proceed with hearing the Gyanvapi case till it takes up the matter on Friday. The deputy chief minister was in Agra on the occasion of the inauguration of the ‘Hunar Haat’ here. Pathak and Union Minister for Minority Affairs Mukhtar Abbas Naqvi inaugurated the 41st Hunar Haat’, which provides market exposure and employment opportunities to artisans, craftsmen and traditional culinary experts.

Aurangzeb had issued an order on April 9, 1669 directing his administration to demolish the temple of Lord Adi Visheshwar at Varanasi. There is nothing on record to establish that the then ruler or any subsequent ruler has passed any order to create a waqf over the land in question or for handing over the land to any Muslim or body of Muslims. The copy of farmaan/order issued by Aurangzeb is reported to be maintained by Asiatic Library Kolkata.”

The response argued that a mosque can be constructed over the property dedicated by waqif, who should be the owner of the property and a construction raised under the orders of any Muslim ruler or by any Muslim over the land of a temple cannot be construed as mosque.

“A waqf can be created only on the land dedicated to waqf by wakif who is owner of the land. In the instant case, it is clear that from the time immemorial the land and property belong to the deity and therefore there can be no mosque thereat,” it added.

The respondents claimed that Kashi has faced a number of attacks and the temple of Adi Visheshwar was attacked, looted, and demolished right from 1193 till 1669.

“Adi Visheshwar Jyotirling’ at Kashi is Swyambhu Deity and it is the most ancient out of 12 Jyotirlings established in different parts of ‘Tapo Bhoomi’ Bharatvarsh. The Jyotirlings have great position under Hindu mythology and its importance have been described in Vedas, Purans, Upnishads and Shastras followed by devotees and worshippers of Santan Vedic Hindu Dharma,” it claimed.

The respondents also alleged that the property in question does not belong to any waqf and it had already vested in deity Adi Visheshwara much before the start of the British calendar year and is continuing to be the property of the deity.

Terming Aurangzeb a “champion in destruction of Hindu temples”, it said he issued ‘Farmaans’ in 1669 to destroy many temples including Kashi and Mathura, which were prominently worshipped by Hindus.

“The administration complied with the order and demolished a portion of temple of the Adi Visheshwar at Varanasi and later on a construction was raised which they alleged ‘Gyanvapi Mosque’ but they could not change the religious charter of Hindu temple as the idol of Goddess Shringar Gauri, Lord Ganesh and other associate deities continued in the same building complex,” they claimed.

In connection with the Places of Worship Act, 1991, the Hindu parties contended the court should consider what is the religious character of the place in question was on August 15, 1947, whether it was a place of Hindu or Muslim worship, and whether erecting a super structure can convert a temple into a mosque or vice versa.

The plaintiffs contended that on August 15, 1947 the character of the property in question was of Hindu temple as the images of plaintiff deities and along with other associate deities was there and they were being worshiped.

The plaintiffs’ response has come on a plea Committee of Management Anjuman Intezamia Masajid Varanasi challenging the survey at Gyanvapi mosque. The apex court will consider the matter on Friday at 3 p.m.

On May 17, the top court directed the Varanasi administration to protect and seal the area where a ‘Shivling’ was found during a video survey inside the Gyanvapi mosque complex. However, the apex court also directed the concerned authorities to not restrict Muslims from entering the mosque to offer ‘namaz’.

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