The Allahabad High Court is Likely to Pronounce Its Order on August 3
The Allahabad High Court is likely to pronounce its order on August 3 on an application filed by the Gyanvapi mosque committee, which has challenged the Varanasi district court’s order directing the Archaeological Survey of India (ASI) to conduct a scientific survey of the mosque premises for ascertaining whether the ‘present structure’ was ‘constructed over a pre-existing structure of a Hindu temple’. The high court had reserved its order on July 27, stating that the survey of the Gyanvapi mosque complex is also halted till then as per the high court’s order.
A Labyrinth of Litigation
The decades-old litigation around the 17th century mosque has gained momentum since 2021 after five Hindu women filed a suit in a civil court to seek the right to worship Maa Shringar Gauri on the Gyanvapi Masjid’s outer wall. The matter has since moved from a civil court to a district court, to the high court and the apex court, and back to the district court and the high court.
District Court Directs ASI Survey
On July 21, while allowing an application by four Hindu women petitioners, District and Sessions Judge Ajaya Krishna Vishvesha directed the ASI to conduct a Ground Penetrating Radar (GPR) survey just below the three domes of the building in question and conduct excavation if required. The survey was to exclude the wuzukhana area or ablution area, which was sealed last year on the Supreme Court’s order after the Hindu litigants claimed that they had identified a ‘Shivling’ there, which was called a fountain by the Muslim defendants.
Gyanvapi Mosque Committee Challenges Varanasi Court Order
The mosque committee argued that such a survey to collect evidence is done at a later stage in the case after both parties submit evidence. It also told the court that excavation work may damage the structural integrity of the Gyanvapi mosque.
Supreme Court Extends Interim Direction
In November last year, the Supreme Court had extended its interim direction securing the area in the Gyanvapi complex where the ‘Shivling’ was claimed to have been found without impeding or restricting the rights of Muslims to access and offer namaz there till further orders.
High Court Hearings
A bench led by Chief Justice DY Chandrachud is also hearing a clutch of petitions related to the Gyanvapi mosque-Kashi Vishwanath temple dispute. The high court was hearing a petition filed by the mosque committee challenging an April 2021 order of a Varanasi court, which had ordered an ASI survey.
High Court Reserved Its Judgment
The high court reserved its judgment on a clutch of petitions related to the Gyanvapi mosque-Kashi Vishwanath temple dispute and fixed August 28 to pronounce its verdict. The high court was hearing a petition filed by the mosque committee challenging an April 2021 order of a Varanasi court, which had ordered an ASI survey.
What’s at Stake?
The high court is expected to give its verdict on whether the survey should be done or not and whether this case is barred by the Places of Worship Act, 1991. The fate of the Gyanvapi mosque and the Kashi Vishwanath temple hangs in the balance.
A Complex History
The decades-old litigation around the 17th century mosque has a complex history that dates back to the 19th century when the British East India Company built the mosque. The mosque was initially constructed as a Hindu temple and later converted into a Muslim place of worship by the local Muslim community.
The ‘Shivling’ Controversy
The discovery of a structure claimed to be a ‘Shivling’ at the Gyanvapi mosque has been at the center of the controversy. The Hindu side claims that the structure is a remnant of an ancient Hindu temple, while the Muslim side calls it a fountain.
A Divided Community
The community in Varanasi is divided over the issue, with some Hindus and Muslims holding different views on the matter. The local Muslim community has been opposed to the survey, fearing that it may damage their place of worship.
A Nation Watching
As the high court deliberates on the case, the nation is watching closely. The Gyanvapi mosque controversy has taken on a national dimension, with many people holding different views on the matter. The verdict is likely to have far-reaching implications for the Hindu-Muslim community in India.
A Symbol of Tension
The Gyanvapi mosque has become a symbol of tension between Hindus and Muslims in India. The controversy surrounding the ‘Shivling’ has exposed deep-seated differences between the two communities, highlighting the need for greater understanding and dialogue.
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