Anjuman Intezamia Masajid Archives - Lokmarg

Allahabad HC Declines Stay On Pray In Gyanvapi Mosque

Allahabad HC To Hear Gyanvapi Case Today

By LokMarg 19th October 2022

Allahabad High Court on Wednesday will hear a plea on Wednesday challenging the Varanasi District Court’s decision on the challenge to the petition of Hindu devotees.

The matter is related to the Kashi Vishwanath temple-Gyanvapi mosque dispute. The Anjuman Intezamia Masjid Committee has filed a petition in the Allahabad High Court against the order passed by the Varanasi District Court.

The plea stated that the order passed in the district court is not maintainable. The plea claimed the Gyanvapi case falls under the Worship Act, under which it cannot be heard.

The High Court on Tuesday imposed a fine of Rs 10,000 on the Director General of the Archaeological Survey of India (ASI) for failing to submit a personal affidavit within the deadline. The HC granted the last opportunity to the SSI DG to file a personal affidavit in the case in 10 days.

The High Court was hearing a case in which a Varanasi court ordered the ASI to conduct a survey in the Kashi Vishwanath temple-Gyanvapi mosque complex to ascertain whether a Hindu temple was partially demolished for the construction of the Gyanvapi mosque in the 17th century.

The plea was filed by the Anjuman Intazamia Masjid Committee challenging the suit filed in Varanasi court and seeking the restoration of land on which the Gyanvapi mosque is situated.

Pertinent to mention, a Varanasi court on Friday rejected the plea seeking carbon dating and scientific investigation of the purported ‘Shivling’ claimed to be found in the Gyanvapi mosque complex.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court.

However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds. Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivaling, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi. (ANI)

Gyanvapi Case: Verdict On Shivling Carbon Dating Defers Till Oct 11

By LokMarg 7th October 2022

The Varanasi court on Friday deferred to October 11 the hearing on the Hindu side’s plea seeking carbon dating/scientific investigation of the structure found inside the Gyanvapi Mosque which they claimed to be a ‘Shivling’.

The Anjuman Intezamia Committee’s arguments will be heard by the Varanasi court on October 11 and thereafter, the court will pronounce its order on the matter.
Speaking to media persons, Advocate Vishnu Jain, representing the Hindu side in the Gyanvapi case said, “The court asked us to clarify on two points whether the structure found inside Gyanvapi Masjid is part of this suit property or not? Second, can the court issue a commission for scientific inquiry? We have submitted our reply.”

Advocate Jain further said that the Muslim side has sought some time to reply. The matter will now be heard on October 11.

The bench of Varanasi District Judge Ajay Krishna Vishwesh delivered the order.

“We said that it is part of our suit property and by virtue of Order 26 Rule 10A of CPC, the Court has the power to direct scientific investigation. Muslim side has sought some time to reply. The matter will now be heard on October 11,” he added.

Earlier on September 29, the court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court. However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Besides this case, two more cases that could not be heard on Thursday due to the holiday will be heard today. First, pertaining to the demand from the court to worship the Shivling found in Gyanvapi, a case filed on behalf of Shankaracharya Swami Avimukteshwarananda.

The second is in connection with the case demanding to hand over the ‘Shivling’ site found in Gyanvapi to the Hindus. Hearing on both applications is to be held in the court of Senior Civil Judge Kumudlata Tripathi today.

Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivalinga, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.

Earlier on September 12, the Varanasi Court had dismissed a plea of the Anjuman Islamia Masjid committee challenging the maintainability of the suit filed by five Hindu women seeking worshipping rights in the Gyanvapi mosque compound. (ANI)

‘Some People Want Political Mileage from Gyanvapi Issue’

By LokMarg 25th September 2022

Maulana Abdul Batin Nomani, Mufti-e-Shahar, Banaras & general secretary, Anjuman Intezamia Masajid, says he has complete faith in Indian judicial system. His views:

The Gyanvapi mosque issue was essentially a religious one. It has been deliberately turned into a political issue through a litany of court cases dating back to 1991. Speaking about the recent order by the Varanasi District Judge, Anjuman Intezamia Masajid had staked claim that the present suit is not maintainable on account of the Places of Worship Act, 1991, and that when a certain law holds the field, the suit is bound to be dismissed.

However, Varanasi district court’s recent acceptance of the suit filed by five Hindu women seeking permission to pray at Gyanvapi Masjid complex not only violated the Places of Worship Act 1991 but has also reopened what the Supreme Court’s 2019 Ayodhya verdict was supposed to have closed forever—a debate on the religious character of places of worship.

AIM Varanasi, as a party to the case, is of the view that it will abide by the judiciary, whatever be the verdict. We have full faith in the judicial processes. Already a dozen litigations are pending in the courts over Gyanvapi mosque. We do not know what will be the due course in this matter but we will certainly challenge the order of Varanasi District Court in Allahabad High Court.

This recent legal dispute is a result of the survey of the Gyanvapi premises ordered by Varanasi court on petitions seeking all-year-long access to pray at a Hindu shrine Shringar Gauri located behind the western wall of the Gyanvapi Mosque complex (which is currently opened for prayers once a year). AIM had then sought leave of the Supreme Court that its application under Order 7 Rule 11 should be heard first by the Civil Judge.

ALSO READ: ‘Varanasi is An Icon Of Harmony, Don’t Destroy It’

Supreme Court, on 20 May 2022, ordered that the application filed by the Committee of AIM Management shall be decided on priority by the District Judge. So the question reverted back to the District Judge, Varanasi on whether the Gyanvapi mosque does conceal in its premises a “Shivling”.

Here, the things went wrong. We still have older generation who is witness to the fountain inside the mosque premises, which is being claimed as Shivling. Themedia played its part in politicising the issue and creating a fake debate. The original petition asking for the worship of Shringar Gauri got deflected and the whole debate moved in the wrong direction. Now we are in a legal quagmire.

Meanwhile, disturbing statements have been made by a few elements like Haji Mahboob, the petitioner in Babri Masjid case. I would like to appeal to all citizens not to pay heed to these divisive statements. Muslims of Benares should abide by the court of law.

At the same time, it is unfortunate that some people are raising questions on the judiciary itself. Judiciary is the supreme among the four pillars of our democracy. Any question on the judiciary is an indication that something is fundamentally flawed. We need to rectify it and restore the faith of people in the judiciary.

Whatever be the end result, I have been repeatedly asking Muslims of Benares to sit calm and accept the judicial verdict because the final verdict comes in the court of the Almighty. But we as responsible citizens of this country must maintain peace and abide by the constitutional values at any cost.

As told to Abhishek Srivastava