The court fixed December 2 as the next date of hearing. “Civil judge (senior division), fast-track, Mahendra Kumar Pandey, found the suit filed by Kiran Singh worth hearing and fixed December 2 for further proceedings, including filing a written statement and framing of issues,” assistant district government counsel Sulabh Prakash told TOI on Thursday, adding that the court had on Monday postponed its judgment on the matter till November 17.
After the purported “Shivling” was found in the ablution pond of the Gyanvapi complex during a court-mandated survey, the Vishwa Vedic Sanatan Sangh (VVSS), through plaintiff Kiran Singh, had filed a suit on May 24 before the district judge.
The plea sought a ban on Muslims entering the Gyanvapi complex, handing over the Gyanvapi premises to the Hindus, and permitting regular “puja-archana (worship)” of Aadi Visheshwar (the purported “Shivling”). Kiran Singh is the wife of Vishwa Vedic Sanatan Sangh (VVSS) chief Jitendra Singh Visen.
On May 25, district judge A K Vishvesha transferred the suit to the fast-track court. The AIM then challenged the maintainability of the suit (No. 712/2022, Bhagwan Adi Vishweshwar Virajman and others vs State of Uttar Pradesh through Secretary and Others).
While delivering its 20- page order on the maintainability of the suit on Thursday, the fast track court said: “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 CPC, Places of Worship (Special Provisions) Act, 1991, the Waqf Act, 1995, the UP Shri Kashi Vishwanath Temple Act, 1983, the Indian Limitation Act, and by the judicial dictum of Suit No. 62 of 1936, Deen Mohammad & Others vs Secretary, and thereby the application filed by defendant No. 4 (AIM) is liable to be dismissed.”
“The application filed by defendant No. 4 (AIM) under Order 7 Rule 11 of the Civil Procedure Code is hereby dismissed,” the order added. The Varanasi DM, police commissioner, AIM, which manages the affairs of the Gyanvapi mosque, and the Vishwanath Temple Trust were respondents in the suit.
Plaintiff Kiran Singh’s lawyer, Anupam Dwivedi, said, “It is a big victory for the plaintiff as the court has rejected AIM’s application and found the case maintainable. Now, further trial will start and a hearing on the demand for urgently permitting regular ‘puja-archana’ of Lord Aadi Visheshwar will take place.”
AIM’s lawyer, Rayis Ahmed, said, “We would make any statement on this 20-page order only after going through the details.” On September 12, district judge Ajay Kumar Vishvesha had also rejected the AIM application challenging the maintainability of Suit No. 18/ 2022, Rakhi Singh vs State of UP and Others, in which five Hindu women have sought the right to daily worship of Shringar Gauri and other deities in the Gyanvapi mosque compound, adjacent to Kashi Vishwanath Temple.
Plaintiff No. 1 in this case, Rakhi Singh, is the niece of Visen. However, the same court turned down the plea of four out of these five plaintiffs seeking carbon dating and other scientific investigation of the “shivling”.