Gyanvapi case: Varanasi court issues notice to Muslim side on plea for carbon dating of ‘shivling’, other Hindu symbols

Varanasi: An application seeking carbon dating of the Shivling like Structure, the walls, Maa Shringar Gauri Sthal and other deities was moved in the district court on Thursday on which it issued notice to the Muslim side to file their objections.

Vishnu Shankar Jain, the counsel of Hindu side, said that they moved an application seeking carbon dating of the Shivling like structure, the walls, Maa Shringar Gauri Sthal and other deities inside the complex. He said that the court of District Judge Ajay Krishna Vishvesha has issued notice on this and has sought the reply of the Muslim side.

He said that the court rejected the application of the Muslim side seeking eight weeks time. "The court said that the Supreme Court in its order issued on May 20 had not mentioned anything like this," he said.

Raees Ahmad, the counsel of the Muslim side, said that they have previously moved an application with the intention that the apex court had passed an order in which it had said that the hearing under Order 7 Rule 11 of Code of Civil Procedure (CPC) will be held in the district court.

Ahmad claimed, "In its order the SC had said that after the order is issued by the district court the aggrieved party or the side, who differ, will get eight weeks time to move the higher court or whatever they want to do."

Jain claimed that the court of the District Judge did not accepted the plea of eight weeks made by the Muslim Side stating that nothing has been said in the SC order in this regard and hence it will proceed further.

Ahmad said that a total 16 applications were moved by different people before the court to make them a party in the case. "Out of 16, who moved the applications, 9 appeared before the court of which one pressed for 'no party'," he said.

Jain said that they have filed objections on the applications moved to become a party in the case. "The court has fixed September 29 as the next date of hearing. On that day the court will decide whether the carbon dating should be done or not. Besides, it will also decide other applications as well," he said.

It may be noted that in a key ruling in the ongoing Gyanvapi Mosque case the court has on September 12 had said a plea seeking daily prayer at Maa Shringar Gauri Sthal inside the complex was not barred for hearing by any Act as claimed by the Anjuman Intezamia Masajid Committee.

The District Judge observed, "In view of the above discussions and analysis, I have come to the conclusion that the suit of the plaintiffs is not barred by the Places of Worship (Special Provisions) Act, 1991, The Waqf Act 1995 and the UP Shri Kashi Vishwanath Temple Act, 1983 and the application 35C filed by the defendant number 4 is liable to be dismissed."

The court also observed that in the present case, the plaintiffs have claimed relief that they should be allowed to worship the deities of Maa Shringar Gauri and other Gods and Goddesses in the disputed property but such relief is not covered under sections of the Waqf Act. "Therefore, the jurisdiction of this court to entertain the present suit is not barred," it said.

The District Judge said, "Therefore, I have come to the conclusion that the bar under Section 85 of the Waqf Act does not operate in the present case because the plaintiffs are non-Muslims and strangers to the alleged Waqf created at the disputed property and relief claimed in the suit is not covered under sections of the Waqf Act. Hence, suit of the plaintiffs is not barred by Section 85 of the Waqf Act 1995."

He ordered that the application 35C filed by the defendant number 4 under Order 7 Rule 11 CPC is hereby dismissed. "Fix September 22 for filing written statements and framing of issues. The applications pending under Order 1 Rule 10 CPC by different applicants shall also be disposed of on this day," he had said.

It may be mentioned here that before that a plea was made by the five women of the Hindu side seeking permission for daily worship at Maa Shringar Gauri Sthal and other deities present inside the Gyanvapi mosque complex. (UNI)