Gyanvapi-Shringar Gauri case: ‘Is shivling a case property?’ Kashi court asks plaintiffs; next hearing On Oct 11 | Varanasi News


VARANASI: Hearing a petition filed by four of the five women plaintiffs in the Gyanvapi-Shringar Gauri case that seeks carbon-dating of the ‘shivling’ found in the ablution pond of the mosque on May 16, district judge Ajay Krishna Vishvesha on Friday sought clarification on the status of the ‘shivling’ in the case from the plaintiffs. He fixed October 11 as the next date of hearing.
“The court asked plaintiffs No. 2 to 5 to state whether the recovered ‘shivling’ was a ‘case property’ and whether its scientific investigation and carbon dating could be conducted,” said district government counsel (civil) Mahendra Prasad Pandey. He added that on the next date, Anjuman Intezamia Masajid — the Gyanvapi mosque management committee — would file its reply and objection to the demand of carbon-dating and scientific investigation of the structure.
Lawyers Hari Shankar Jain and Vishnu Jain, who are representing plaintiffs number 2 to 5 (Laxmi Devi, Sita Sahu, Manju Vyas and Rekha Pathak) in the matter, said they have already mentioned the ‘visible and invisible’ deities in their suit no. 18/2022, seeking the right to worship Shringar Gauri and other deities in Gyanvapi compound.
“Moreover, during the court commission survey, the ‘shivling’ became visible. Hence, it is a case property,” they said while reiterating the demand for carbon-dating of the area around the ‘shivling’ and its scientific investigation without causing any damage to it.
“We clarified in the court that in case no. 18/2022, worshipping rights of Shringar Gauri and other visible and invisible deities in the Gyanvapi have been sought. The ‘shivling’ was invisible before the court commission survey of Gyanvapi. But, on the last day of the survey on May 16, it became visible. Therefore, it is a case property,” they said.
“On the issue of scientific investigation of the ‘shivling’ and carbon-dating, we stated the provisions prescribed in the civil procedure code (CPC) and past cases to make it clear that scientific investigation of the ‘shivling’ and carbon-dating of its adjoining components can be done to determine the nature, age and constituents without causing any disturbance to it,” said Jains.
Following these submissions, the court asked the AIM whether it wanted to file any objection to these clarifications. “We informed the district judge that as court order was expected on this issue on Friday, we were not carrying the files related to the case. Taking note, the court asked us to give our reply and objection on October 11,” said AIM lawyer Rayis Ahmed.
“We have already informed the court that carbon dating is done of remains of living beings, which absorb carbon and not of stone. Before reaching any conclusion on this point, the court commission report on the survey of Gyanvapi should be disposed of,” Ahmed added.
The lawyers of plaintiffs 2 to 5 had on September 22 submitted an application in the court, seeking ground-penetrating radar (GPR) survey and carbon dating to determine the nature, age and constituents of the ‘shivling’.
On September 29, AIM and Rakhi Singh, plaintiff no. 1 in the Gyanvapi-Shringar Gauri case, had opposed this demand for different reasons.
Hearing in other Gyanvapi related cases rescheduled
# As civil judge senior division (fast track court) Mahendra Kumar Pandey was on leave, hearing on the issue of maintainability of the suit filed by Vishwa Vedic Sanatan Sangh (VVSS), demanding ban on the entry of Muslims in Gyanvapi compound, handing over Gyanvapi premises to the Hindus and permitting regular puja-archana (worshipping) of Lord Aadi Visheshwar could not take place on Friday. The court fixed October 11 for the next hearing in this case in which VVSS chief Jitendra Singh Visen’s wife Kiran Singh is the plaintiff
# Due to the same reason, the hearing in another case filed by Delhi-based Hindu Sena chief Vishnu Gupta and Ajit Singh of Varanasi to seek worship of Lord Avimukteshwar could also not take place in the court of civil judge senior division (fast-track court). The next date for hearing in this case was fixed as October 28.
# Hearing in the case filed by Jyotishpeeth Shankaracharya Swami Avimukteshwaranand to seek worship of the ‘shivling’ claimed to be have been found in the wuzu pond of Gyanvapi mosque, could also not take place in the court of civil judge (senior division) Kusum Lata Tripathi as she was on leave. The next hearing in this case will take place on November 3.

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