Unraveling the Gyanvapi Mosque Case: The Archaeological Survey of India (ASI) survey of the Gyanvapi mosque complex in Varanasi is slated to be heard by the Allahabad High Court on Wednesday, July 26. Upon the Muslim side’s request, the case was presented to the Chief Justice of the Allahabad High Court during the Tuesday hearing. The court’s decision will likely be rendered on the same day.
Unraveling the Gyanvapi Mosque Case
The Supreme Court has halted the Archaeological Survey of India (ASI) survey to determine whether the Gyanvapi mosque adjacent to the Kashi Vishwanath temple in Varanasi was constructed upon a temple. The highest court has halted the ASI survey of the Gyanvapi mosque complex until July 26 at 5 p.m.
The supreme court declared that the Allahabad High Court’s order would not be implemented until July 26. In the interim, the Supreme Court ordered the committee of the mosque to file an appeal with the Allahabad High Court.
Vishnu Shankar Jain, who represents the Hindu side in the Gyanvapi mosque case, stated that the Supreme Court has issued an injunction against the execution of the Varanasi court’s order for the survey of the Mosque complex. This injunction permits Anjum to challenge the ruling before the High Court. Jain stated that their legal team is on its way to the High Court to challenge this decision. He also stated that the truth about Gyanvapi would not be revealed until after the ASI survey. Jain asserted that the High Court will independently determine the matter, irrespective of any observations made by the Supreme Court, and the Allahabad HC will render a decision based on its own merit.
Earlier on Friday, the Varanasi Court ordered an ASI survey of the Gyanvapi mosque complex, excluding the ‘Wazukhana’ area, which has been sealed off.
What Does the Gyanvapi Mosque Case Involve?
The current case stems from a petition filed by five Hindu devotees in August 2021, requesting permission to offer daily prayers before Hindu idols located on the mosque’s exterior walls.
During the petition’s hearing, a videography survey was mandated. This survey revealed the presence of a ‘Shivling’ near the “wazookhana” (ablution pond) on the mosque grounds. Carbon dating was proposed for the ‘Shivling’ in order to determine its age. However, the mosque committee objected, stating that it was a fountain, not a Shivling.
Here is a brief chronology of the current Gyanvapi Mosque case:
- Senior Civil Judge Ravi Kumar Diwakar mandates a videography survey on April 8.
- The committee of the mosque challenges the survey order in the Allahabad High Court on April 21, but their appeal is denied. The survey will begin on May 6.
- The mosque committee petitions the Supreme Court for a suspension of the court proceedings in Varanasi on May 13, arguing that the survey violates the Places of Worship Act.
- Nevertheless, the SC does not halt the survey.
- 16 May: The Varanasi Civil Court orders the area in Gyanvapi Mosque where the ‘Shivling’ was discovered to be sealed off. It also restricts prayer within mosques.
- The Supreme Court mandates the protection of the ‘Shivling’ on May 17 and permits Muslims to continue praying inside mosques.
- The Supreme Court has postponed the hearing to May 20.
- The Supreme Court transfers the case from the Varanasi Civil Court to the District Court on May 20, citing the need for a more senior justice in such a delicate matter. The district court is ordered to rule first on the maintainability of the mosque committee’s argument. The previous order protecting the ‘Shivling’ and Muslims’ freedom to offer namaz is extended pending a decision by the district court.
- The Varanasi District Court rules on the maintainability of the petition on September 12, denying the mosque committee’s challenge to the petition filed by Hindu devotees. The court rules that the Places of Worship Act does not prohibit this petition because it seeks only prayer rights and does not intend to alter the mosque’s religious character.