Gyanvapi Mosque Dispute: Eight Cases Consolidated by Varanasi Court

LUCKNOW: Consolidation of eight pending suits in connection with the Gyanvapi mosque dispute was allowed by the Varanasi District Court in Uttar Pradesh on Tuesday.

The next hearing of the eight cases has been posted by the court for July 7.

It was observed by the Varanasi district judge Dr AK Vishwesha that, owing to the fact that the cases were almost similar, the eight cases should be consolidated and tried together.

Reiterating an observation made earlier, the Court also said that if the cases remained pending in different courts, contradictory orders being passed on them was possible.

The judge said, "I am of the opinion that it will be expedient in the interest of the justice that all the suits mentioned here should be tried together and may be consolidated as all these suits and proceedings shall be decided upon the evidence in any such suits and proceedings and Civil Suit (18/2022) Smt Rakhi Singh and others Vs State of UP and Others shall be the leading case and evidence shall be recorded in the leading case.”

The order was passed by the Varanasi district judge under the provision of Section 4A of Code of Civil Procedure (CPC). In Uttar Pradesh, a new order 4A was inserted in the Code of Civil Procedure (CPC) for consolidation of suits and proceedings in the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, according to the counsel for the applicants.

Notably, the Supreme Court's order of November 11, 2022 was also taken cognizance by the district judge. In that order, the district court judge was empowered by the apex court to determine whether consolidation of similar suits was warranted if an application to that effect was made before him.

Petitioners Laxmi Devi, Sita Sahu, Manju Vyas, and Rekha Pathak, in suit no. 18/2022, moved one of the pleas to transfer cases concerning the Gyanvapi dispute to the Court of District Judge. Since all the suits were of similar nature, they had claimed that they should be tried together to save time, money and in order to avoid legal disputes.

Access to worship year-round at Maa Shringar Gauri site, on the western wall of Gyanvapi mosque premises, was sought by five Hindu women petitioners, by filing suit no 18/2022.

Six of the seven suits are pending in the court of Varanasi Civil Judge (Senior Division), while the remaining one is pending before the fast-track court of civil judge (senior division). The case pending in fast track court concerns the one filed by international general secretary of Vishwa Vedic Sanatan Sangh, Kiran Singh and the next friend of Lord Vishweshwar Virajman (Swayambhu). The plaintiff has sought to hand over Gyanvapi premises to Lord Adi Vishweshwara Virajman, through the suit.

The civil court, last year, had ordered a survey of the mosque premises by an advocate commissioner. The official then videotaped the premises and submitted the report to the Varanasi Civil Court (Senior Division). Among other things, the report stated that during the survey, an object resembling a Shivling was found in the Wuzu Khana (ablution place) of the mosque premises.

The Supreme Court had passed the orders, by which the matter was later transferred to the Varanasi District Court.

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