The Allahabad High Court’s Order on August 3 Will Be Crucial
The fate of the Gyanvapi mosque in Varanasi hangs in the balance as the Allahabad High Court is likely to pronounce its order on August 3 on an application filed by the Gyanvapi mosque committee. The committee 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’.
A Labyrinth of Litigation
The decades-old litigation around the 17th century mosque has gained momentum since 2021 when 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.
The Controversy Surrounding the Gyanvapi Mosque
The controversy surrounding the Gyanvapi mosque is centered around the discovery of a structure claimed to be a ‘Shivling’ by the Hindu side and a ‘fountain’ by the Muslim side. The Hindu litigants claim that this structure is a remnant of an ancient Hindu temple, while the Muslim side calls it a fountain.
The Varanasi District Court’s Order
On July 21, 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.
The High Court’s Involvement
The Allahabad High Court had reserved its judgment on this application, putting the Varanasi district court order on hold until July 26 to allow the mosque committee to move against the district court’s order. 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 Apex Court’s Involvement
A week after the Allahabad High Court ordered a scientific survey of the ‘Shivling’ at the Gyanvapi mosque complex in May this year, the apex court deferred the implementation of this order, issuing notices on appeal filed by the mosque committee challenging the high court’s order.
The Survey Conducted
The survey of the premises was conducted over three days and concluded on May 16 last year. The inspection was done in the presence of the court-appointed Advocate Commissioners, lawyers from both sides, all parties concerned and officials.
The Discovery of the ‘Shivling’ Structure
During the survey, a structure – claimed to be a ‘Shivling’ by the Hindu side and a ‘fountain’ by the Muslim side – was found in the mosque premises. 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.
The Significance of the Gyanvapi Mosque
The Gyanvapi mosque is a significant site in Varanasi, with historical and cultural importance. The dispute over its management has been ongoing for decades, with both Hindus and Muslims claiming ownership and right to worship.
The Way Forward
The Allahabad High Court’s order on August 3 will be crucial in resolving the Gyanvapi mosque dispute. 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 Community Holds Its Breath
The community in Varanasi holds its breath as the Gyanvapi mosque dispute enters its final stretch. The outcome of the high court’s order will have significant implications for both Hindus and Muslims, and will likely impact the management of the mosque.
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