Gyanvapi Mosque Case: Varanasi Court To Hear Muslim Side's Plea First On May 26

The district court has also asked the two sides (Hindu & Muslim) to file affidavits with their objections to the survey report within seven days.

Security personnel stand guard as Muslims arrive in a large number at the Gyanvapi mosque. (Image: PTI)

Lucknow: The Varanasi disctrict court on Tuesday fixed May 26 (Thursday) as the next date of hearing in the much-controversial Gyanvapi mosque case. As per Supreme Court's order, the district court will take up the Muslim side's application on the maintainability of the suit under order 7, rule 11. According to reports, the hearing will start with the 'maintainability' issue coming first.

The district court has also asked the two sides (Hindu & Muslim) to file affidavits with their objections to the survey report within seven days. The court also said that both the sides be given copies of the video survey and one week's time to file their objections, if any.

The District Government Counsel Rana Sanjeev Singh informed about the development and said that Varanasi court Judge AK Vishevesh will hear the matter as per directions of the Supreme Court.

Though there are no specific orders yet on whether the matter will be heard on a day-to-day basis from May 26 onwards, but preliminary arguments will begin on May 26.

The mosque committee had raised issue over the videography survey of the Gyanvapi mosque premises, stating that filming at the mosque violates a 1991 law that prevents the alteration of the character of any place of worship in the country.

"I told the court that it is a mandate of the Supreme Court that our application saying the case is not maintainable should be heard first. I read out my application and also the Supreme Court order. The opposing counsel said he needed more documents and time to file objections to our application, but I said the maintainability must be decided first," news agency IANS quoted Abhay Nath Yadav, a lawyer for the Mosque committee as saying.

The decision by Varanasi court comes a week after lawyers representing the Hindu petitioners claimed that a 'Shivling' was found during the videography survey of the Gyanvapi mosque-Shringar Gauri complex.

A fresh plea seeking permission to worship the "Shivling" claimed to have been found on the mosque premises was filed in the court. 

The claim, however, was refuted by the mosque committee members who said it was part of the water fountain mechanism used by devotees to perform ritual ablutions before offering namaz. 

It may be recalled that a petition filed in 1991 in a Varanasi court claimed that the Gyanvapi Mosque was built on the orders of Aurangzeb by demolishing a part of the Kashi Vishwanath Temple during the 16th century.

Last week, the Surpeme Court had transferred the Gyanvapi-Shringar Gauri complex case from a civil judge (senior division) to a district judge.