LUCKNOW: The Civil Judge (Senior Division) of the Fast-Track Court (FTC), Varanasi, on Thursday dismissed the application of Anjuman Intezamia Masjid, the management committee of Gyanvapi mosque, challenging the maintainability of the suit filed on behalf of Bhagwan Adi Vishweshwar Virajman by Vishwa Vedic Sanatan Sangh’s (VVSS) secretary Kiran Singh.
The VVSS’ plea has sought a ban on the entry of Muslims in Gyanvapi premises, handing the premises over to Hindus and giving them rights to worship the purported Shivling that was found in the wuzukhana (ablution pond) of the mosque during a court-ordered survey in May this year.
The court of Civil Judge (Senior Division) Mahendra Kumar Pandey posted the matter for further proceedings on December 2. While passing the order, Civil Judge (Senior Division) FTC Mahendra Kumar Pandey stated: “In view of the discussions, this court has come to the conclusion that the suit of the plaintiffs is not barred by the provisions of Order 1 Rule 8, Order 7 Rule 3 and Section 9 of Code of Civil Procedure (CPC), Places of Worship (Special Provisions) Act, 1991 (Act no.42 of 1991), the Waqf Act 1995 (Act no. 43 of 1995), the UP Shri Kashi Vishwanath Temple Act, 1983 (Act no.29 of 1983), the Indian Limitation Act and by the judicial dictum of Suit No. 62 of 1936 Deen Moh. & others Vs secretary and, thereby, the application 35C filed by the defendant no.4 is liable to be dismissed.”
The FTC order added: “The application 37C (to challenge maintainability) filed by the defendant no. 4 (AIM) under Order 7 Rule 11 civil procedure code (CPC) is hereby dismissed.” Welcoming the order, plaintiff Kiran Singh’s lawyer Anupam Dwivedi called it a big victory.
“Now, further trial will start and hearing on the demand for urgently permitting regular ‘puja-archana’ (worshipping) of Lord Aadi Visheshwar will take place in the court,” said Dwivedi. Meanwhile, AIM’s lawyer Rayis Ahmed refused to give any comment saying any statement on 20-page order would be made only after going through it.
‘Main target is rising political graph of AAP’
Deputy Chief Minister Manish Sisodia questioned the move claiming that the BJP-ruled Centre is once again targeting AAP leaders just ahead of the municipal polls. AAP chief spokesperson Saurabh Bhardwaj said that the summoning of Pathak is indication in itself that MCD polls are around cation in itself that MCD polls are aroundthe corner.