Prayagraj. Allahabad High Court has refused to interfere on the petition against appointment of Advocate Commissioner to present the report after inspecting the idols of Shringar Gauri Ganesh, Hanuman, Nandi and all visible, invisible deities located in Gyanvapi Vishweshwar Nath Temple Varanasi premises. The court has said that if a commission has been sent to collect evidence, then it does not violate the right of the petitioner. Sending commission is not outside the jurisdiction of the court. The court has dismissed the petition filed by the Managing Committee of Anjuman Inazaniya Masjid. The petition was filed by the Civil Judge Senior Division against the order to send the Advocate Commissioner. Justice JJ Munir has given this order on a petition filed on behalf of Anjuman Inazaniya Masjid, Varanasi.
It is worth mentioning that Rakhi Singh and 8 others have filed a case in the Civil Court Varanasi court regarding the right to worship the Shringar Gauri Hanuman Nandi, Ganesh, located in the Gyanvapi temple complex. In which a demand has been made to issue a permanent injunction. The court refused to issue an interim injunction and issued summons to the opposition and sought their answers. After this, after inspecting the spot, an application was made to create disturbance in the rights of the plaintiff and to provide security facilities for darshan worship. And demanded to send the Advocate Commissioner. On which the court has appointed Ajay Kumar as Advocate Commissioner to call for the report of the spot and has sought a report from him. Which was challenged on behalf of Anjuman Inazaniya Masjid.
Senior advocate SFA Naqvi argued the petition. They said that the court cannot send a commission to collect evidence. The commissioner has asked for police force, which means that the commission has not yet been implemented and he has not given any report. The court said that there are some evidences which the parties cannot present. If the court sends a commission for evidence, then it is within its jurisdiction. Appointment of commission does not affect any rights of the petitioner. On behalf of the state government, Additional Advocate General MC Chaturvedi and Chief Standing Advocate Bipin Bihari Pandey presented their side. After hearing both the sides, the court has refused to interfere. And the petition has been dismissed.
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