Hindu Side Files Caveat in Allahabad HC in Gyanvapi case [Read Caveat Application]

The Hindu side on Wednesday approached the Allahabad High Court seeking an opportunity of hearing before considering any plea against September 12 order by the Varanasi district judge, that rejected claims questioning maintainability of its suit on permission to worship at Gyanvapi mosque complex.

In a caveat, the petitioner submitted, "it is expedient and necessary in the interest of justice that no orders be passed without notice and without giving an opportunity of being heard...otherwise, it would suffer irreparable loss and injury".

The application was filed by advocate Prakash Pandey and Hari Shankar Jain on behalf of Rekha Pathan, one of the parties in the suit.

It also said the Committee of Management Anjuman Intezamia Masjid is aggrieved by the September 12 order.

In a big win for the Hindu side, the Varanasi district court had rejected a contention by the Muslim side, questioning the maintainability of a petition seeking permission for daily worship of Hindu deities and idols, located on an outer wall of the Gyanvapi mosque.

The court also said the suit filed by the women was not barred by the Places of Worship (Special Provisions) Act, 1991, related to maintaining status of religious places as prevailed on August 15, 1947.

It had also noted the plaintiffs are claiming only right to worship at the disputed property.

"They want to worship Maa Sringar Gauri and other visible and invisible deities with the contention that they worshipped there till the year 1993 and the plaintiffs are not claiming ownership over the disputed property. They have also not filed the suit for declaration that the disputed property is a temple," District Judge A K Vishvesh had said.

The court fixed September 22 as the next date of hearing in the case for filing written statement and framing of issues.

A group of five women led by Rakhi Singh filed the petition seeking permission for daily worship of Hindu deities.

The Anjuman Intezamia Masjid Committee has said the Gyanvapi mosque is a Waqf property and has questioned the maintainability of the plea.

The court, however, concluded the Waqf Act 1995 also does not operate in the present case because the plaintiffs are non-Muslims and strangers to the alleged Waqf created at the disputed property.

On issue whether the suit of the plaintiffs is barred by the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983, the court had held no bar has been imposed by this law with regard to a suit claiming right to worship idols installed in the endowment within the premises of the temple, or outside.

 [Read Caveat Application]