Arguments under Place of Worship Act 1991 is underway. Previous precedents of Supreme Court have been cited regarding this 1991 Act by Muslim Party. There is no right of the parties (plaintiff) to claim the title of the mosque, Muslim side argue.
Lawyer for the Hindu side, Vishnu Shankar Jain informed the District Judge that the alleged Shivling found inside Gyanvapi Mosquehas been damaged with a "Chakri". Jain to inform court once the Muslim side concludes submission.
Muslim side raises concern that the existence of shivling is only alleged and not yet proven. "Rumours are resulting in a public disturbance which should not be allowed until existence is proven," says party.
The Masjid committee argues: This suit by the Hindu party is utterly non-maintainable and should be rejected under Order 7 Rule 11 of the CPC
A Varanasi district court on Wednesday transferred a new petition, filed by a saffron outfit seeking a ban on the entry of the Muslims in the Gyanvapi Mosque and handing over the entire premises to the Hindus, to a fast track court for further hearing.
Speaking to IANS Mohammed Tauhid Khan, representing the Anjuman Intezamia Masjid Committee, said, "The suit is barred by law and not maintainable..."
Khan cited the 1937 suit filed by one Deen Mohammed, where it was settled that the mosque, courtyard, and the land on which the mosque exists is a property of waqf. He emphasised that issues which have been settled should not be raised again. The masjid management has claimed that the civil suit seeking unrestricted access for daily worship of Goddess Shringar Gauri and other deities on the premises violates Places of Worship (Special Provisions) Act 1991. However, the Hindu parties had contended that the survey report should be considered.
The court will hear the Order 7 Rule 11 application by the Muslim side which seeks to reject the civil suit of the Hindu side.
The Judge has asked for objections to the Court Commissioners survey report from both the sides. The district court has also given seven days' time to both the sides to file objections to the report of the court-mandated videography of the complex.