The Varanasi District and Sessions Court adjourned hearing till tomorrow, on whether hearing should take place in the Gyanvapi Mosque complex case or not.
District and Sessions Judge Ajay Kumar Vishvesha today reserved his order, after hearing the arguments of the Counsel of Anjuman Masjid Committee.
The Committee had challenged the maintainability of the suit on ground that the Places of Worship Act of 1991, which was introduced at the height of the Ram Janmabhoomi movement, sought to protect the status of all religious structures, as they stood on August 15, 1947.
During the hearing, which went on for 45 minutes only, the Court heard arguments on whether the case could be heard in the light of Place of Worship (Special Provisions) Act 1991 during the hearing, which went on for only 45 minutes.
The Counsel representing the Intezamia Committee emphasised that under Rule 11 of the Civil Procedure Order 7, hearing should not be held in this case. He urged the court to hear this issue first.
The plaintiff argued that the court should first hear the points related to the survey report of the Gyanvapi Mosque complex and the objections raised on it.
The Counsel for the plaintiff argued that the Places of Worship (Special Provisions) Act, 1991 was not applicable in this case.
He said as per Section 4 of the Act, the religious character of a place of worship existing on August 15, 1947 shall continue to be the same as it existed on that day.
It bars courts from entertaining cases regarding such places of worship. The provision further states that such cases already pending in courts would stand abated, he added.
Earlier, Civil Judge (senior division) Ravi Kumar Diwakar had ordered the survey of Gyanvapi premises by appointing Advocate Commissioner Ajay Kumar Mishra.
On May 20, the Supreme Court had transferred the case related to plea for worship at Gyanvapi mosque for consideration by the District Judge in Varanasi, saying that in view of complexity of matters, a senior and experienced judicial officer of the Uttar Pradesh Higher Judicial Service should examine it.
The apex court had said that the District Judge should examine the maintainability of suit on priority, as sought by the Committee of Management of Anjuman Intezamia Masjid Varanasi.
The Supreme Court had observed that unless due arrangements were made for wazoo, the District Magistrate must consult the parties and make appropriate arrangements.
The interim order passed on May 17 regarding security of Shivling shall continue in operation, the Apex Court had added.