The Varanasi Court, on Friday, 7 October, deferred hearing on the plea moved by Hindu worshippers demanding a scientific investigation of the Shiva Linga allegedly found inside the premises of Gyanvapi Mosque to 11 October and sought clarification on two points from the Hindu petitioners:
* Whether the structure found inside the Gyanvapi Case [alleged Shiva Linga] is a part of this suit property
* If the court can constitute a commission for a scientific investigation
Four out of the five Hindu women plaintiffs in the main suit had filed the instant plea for a scientific investigation of the Shiva Linga. The remaining one person had opposed the plea, according to LiveLaw.
This came 10 days after the Varanasi Court upheld the maintainability of the suit filed by five Hindu women (plaintiffs) seeking worshipping rights in the Gyanvapi Mosque compound.
The Varanasi Court had in April 2022 sought an inspection of the mosque's premises on petitions filed by the Hindu women demanding year-long access to offer prayers at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex.
How Did the Hindu Worshippers' Lawyers Respond to the Points Raised by the Court?
The counsels for the Hindu Worshippers maintained that the Shiva Linga is a part of the suit/case property and since the alleged Shiv Linga was visibilised during the court-sanctioned survey, it qualifies as suit property, LiveLaw reported.
The lawyers also pointed out that under Order 26 Rule 10A of CPC, the Court has the authority to constitute a committee for scientific investigation.
After this, the court will hear the arguments presented by the Anjuman Islamia Committee and pronounce a judgement.
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