A hearing on the Gyanvapi Masjid case is to be held in Varanasi court today. In this hearing to be held after the order of the Supreme Court, the court will hear the views of both Hindu and Muslim sides. A total of three petitions have been filed before the court. In this, different demands have been made from both the sides.
Laxmi Devi, Rakhi Singh, Sita Sahu, Manju Vyas, and Rekha Pathak have made separate requests by filing petitions on behalf of the Hindus. Five Hindu women plaintiffs have told the Supreme Court that the entire Gyanvapi mosque land belongs to the Kashi Vishwanath temple and cited that the British Government’s trial court has repudiated a Muslim’s 1936 suit declaring that the mosque is the land of the Wakf property.
Varanasi District Judge Dr. Ajay Krishna Vishwesha is starting the hearing in the Gyanvapi case from today. On Friday, the Supreme Court, while transferring the case from the Civil Court to the Varanasi District Judge, had directed that he would first hear the petition filed under Order 7 Rule No 11 of the Civil Procedure Code of the Masjid Committee. That is, the district judge will first hear the petition of the Muslims, which states that the suit filed by the Hindus is not maintainable because due to the Places of Worship Act 1991, such cases cannot be filed in the court.
What is Order 7 rule 11:
In common parlance, if Order 7 Rule No. 11 is to be understood, then instead of considering the merit of the facts in a case, the court first decides whether the petition is worth hearing or not. The relief which is being sought by the petitioner, can it be given by the court or not. If the court finds that the relief sought in the petition cannot be granted, the court, instead of going on the merits of the case, refuses to hear the petitioner without trial.
There are many reasons under Rule 7, on the basis of which the court dismisses the petition at the very beginning. For example, if the petitioner has not explained the reason for filing the suit or has not properly assessed the claim, or has not paid the court fee accordingly. Apart from this, there is an important ground that any law prevents the filing of that suit.
Separate demands of Hindu and Muslim parties are to be heard in the Gyanvapi Masjid case.
Hindus demand:
1. Demand for daily worship of Shringar Gauri
2. Demand for the worship of alleged Shivling found in Vajukhana
3. Demand for removal of debris by breaking the wall to the north of Nandi
4. Demand for a survey to know the length, and width of Shivling
5. To make alternative arrangements for Vazukhana.
Muslims demand:
1. Opposing the sealing of the place of ablution( Wazukhana)
2. Questions on Gyanvapi Survey and Case under 1991 Act
Hearing to be completed in 8 weeks:
The Supreme Court has directed the court to complete the hearing in 8 weeks. District Judge Dr. Ajay Kumar Vishvesh has directed that during the hearing in the Gyanvapi case today, only the lawyers related to the case will be present in the courtroom. Security has also been beefed up outside the district court. Along with this, the judge has transferred all the petitions of Bail, the district judge will hear only the issue of Gyanvapi today.
