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Supreme Court seeks Mosque Committee’s response to plea for ASI probe of sealed area
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Supreme Court seeks Mosque Committee’s response to plea for ASI probe of sealed area

On Friday (November 2022), the Supreme Court sought the Gyanvapi Masjid Committee’s response to a plea filed by Hindu worshipers for an ASI survey of the sealed area of ​​the mosque (where a Shivling claimed to have been found).

A bank that encompasses Justice Surya Kant and Justice Ujjal Bhuyan issued a notice to the Management Committee, Anjuman Intezemia Masajid (which manages the Gyanvapi Mosque) regarding the request submitted by the worshippers.

Senior Advocate Shyam Divanassisted by Advocate Vishnu Shankar Jainrepresenting the plaintiffs, also informed the court that they have filed an application for consolidation of all the suits and their transfer from the Varanasi District Court to the Allahabad High Court. However, that app was not listed today.

Senior Advocate Huzefa Ahmadifor the Mosque Committee, submitted that the special leave petition filed by the Masjid Committee questioning the maintainability of costumes as prohibited by the Places of Worship (Special Provisions) Act, 1991 should be heard on priority . The said SLP (which was not listed today) is filed against the judgment of the Allahabad High Court which dismissed the Masjid Committee’s petition under Order 7 Rule 11 of the CPC to dismiss suits due to the bar under the 1991 Act.

Ahmadi also pointed out that SLP of the Mosque Committee the challenge to the High Court order on the ASI survey is also not listed today. He suggested that all the issues be decided together, giving priority to the issue of whether the suits are barred under the Places of Worship Act. Divan agreed with the suggestion, saying that the matter must be decided.

The tribunal agreed to list all the matters together on December 17. After the hearing, Judge Kant verbally told Divan to consider whether the issues could be consolidated before the District Court itself so that the High Court could be retained as an appellate court.

What was listed today was the SLP filed by the Ajuman Intezemia Masajid Varanasi Management Committee in 2022 against the High Court order allowing a survey by the Advocate Commissioner of the Gyanvapi Mosque. In 2022, the Supreme Court transferred trials in Varanasi High Court of Civil Judges Division. Court too orderly sealing the place (a wuzukhana)where a trembling was declared to have been found and permitted the making of prayer and Muslim religious performances elsewhere

In 2023, the Supreme Court ASI survey allowed of the mosque through a non-invasive process, except for the ‘wuzukhana’ area where the ‘shivling’ was allegedly found.

In April 2024, Courordered the status quo on the performance of prayer in mosques and Hindu rituals in tehkhana (cellar).

Case title: COUNTY OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID VARANASI Versus RAKHI SINGH AND ORS., SLP(C) No. 9388/2022