A Varanasi court has instructed that the Archaeological Survey of India (ASI) report regarding the Gyanvapi Masjid case be made public and shared with both parties involved.
On July 21 last year, the Varanasi district court directed the ASI to conduct a thorough scientific survey, including excavations if necessary, to determine whether the mosque near the Kashi Vishwanath temple was constructed on a pre-existing temple.
In December, the ASI submitted the survey report in a sealed cover to the district court concerning the Gyanvapi mosque complex.
Recently, the cleaning of the Wazukhana (ablution area) of the Gyanvapi mosque was completed under the supervision of the Varanasi district magistrate, following the Supreme Court’s directive. The Supreme Court, on January 16, granted permission to Hindu women plaintiffs to clean the water tank in the Gyanvapi mosque, which is located in a sealed-off area.
Gyanvapi Mosque Case
The Gyanvapi Mosque has sparked significant legal and historical discussions, mainly due to the belief of many Hindu groups that it was built on a part of the Kashi Vishwanath temple that was once demolished.
Situated near the renowned Kashi Vishwanath temple, the current legal proceedings began when a group of women sought permission for daily prayers in front of the idols on the mosque’s outer walls.
Numerous petitions have been submitted to the Supreme Court, Allahabad High Court, and Varanasi court regarding the Gyanvapi mosque case. Currently, 18 pleas related to the Gyanvapi dispute are being considered in various Varanasi courts, in addition to the original case in the High Court.
These petitions aim to address different aspects of the dispute, such as the alleged construction of the mosque by Mughal emperor Aurangzeb and the right to worship within the contested area.
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How Gyanvapi Mosque Case Started?
In October 1991, a request was made to the Varanasi civil judge on behalf of Swayambhu Jyotirlinga Bhagwan Vishweshwar and five others. They sought the return of Gyanvapiland to the adjacent Kashi Vishwanath temple, proposing the removal of Muslims from the area and the mosque’s demolition.
The 1991 petitioners claimed that the mosque was constructed by Aurangzeb, who, during his reign in the 16th century, had ordered the destruction of a part of the Kashi Vishwanath Temple.
However, in 1997, the Varanasi Civil Court deemed the suit inappropriate under the Places of Worship Act, 1991. Subsequently, both the temple and mosque sides submitted multiple revision petitions to the district court.
In 1998, the District Judge consolidated all petitions, instructing the civil court to reevaluate the dispute with a comprehensive examination of all evidence. Nevertheless, the Varanasi district court order faced a halt from the High Court, which extended the stay for 22 years.
In 2020, the plaintiffs returned to the Varanasi civil court, seeking to reopen the case suspended since 1998. Citing a 2018 Supreme Court directive that mandates rectification of stay orders every six months, the civil court agreed to revisit the case.
However, in 2021, the Allahabad High Court intervened, imposing a stay on proceedings in the Kashi Vishwanath Mandir-Gyanvapi Masjid case in the Varanasi court.
Gyanvapi Mosque Case History and Timeline
- The ongoing dispute traces back to 2019, following a Supreme Court decision in the Babri Masjid-Ram Janmabhoomi case. In a related matter, lawyer Vijay Shankar Rastogi from Varanasi filed a petition claiming irregularities in Gyanvapi mosque’s construction, urging an archaeological survey.
- A Varanasi civil judge instructed the Archaeological Survey of India (ASI) to assess the Gyanvapi complex scientifically. However, the Allahabad High Court intervened, combining this case with the original suit.
- In 2021, five Hindu women filed a plea in Varanasi seeking permission for daily prayers and idol protection within the mosque complex. The Varanasi court heard their case in 2022, appointing Advocate Commissioner Ajay Kumar Mishra for an on-site inspection.
- After concluding the Gyanvapi mosque survey on May 16, the Hindu side claimed finding a ‘Shivling’ in the complex, while the Muslim side contested, labeling it a ‘fountain.’
- The All India Muslim Personal Law Board opposed the court-ordered videography, citing a breach of The Places of Worship Act, 1991, which prohibits altering a place of worship’s religious character since August 15, 1947.
- In September 2022, the Varanasi district court rejected the Anjuman Committee’s plea, leading to a challenge before the Allahabad High Court.
- In May 2023, the Varanasi district court agreed to an ASI survey following an Allahabad High Court directive. The Supreme Court mandated the protection of the area around the claimed ‘shivling’ during a video survey.
- In June, the High Court upheld the Varanasi district court, stating that Hindu groups were not restricted by the Places of Worship (Special Provisions) Act, 1991, for worship inside the Gyanvapi mosque.
- In July, the Varanasi court ordered a scientific investigation by the ASI, later halted by the Supreme Court until July 26. In August, the High Court supported the survey, initiated by the ASI on August 4.
- On November 30, the district court set December 11 as the deadline for the ASI’s survey report, extended five times. On December 11, the Varanasi district court granted one more week for the ASI to submit the Gyanvapi mosque’s scientific survey report, which was finally presented on December 18.
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Gyanvapi Mosque Case FAQs
Q.1. What triggered the Gyanvapi Mosque case?
Ans. The dispute started in 2019 after a Supreme Court decision related to the Babri Masjid-Ram Janmabhoomi case, with allegations of irregularities in the mosque’s construction.
Q.2. Why is the ASI report significant?
Ans. The ASI report, now made public, plays a crucial role in determining whether the Gyanvapi mosque was built on a pre-existing temple near the Kashi Vishwanath temple.
Q.3. What historical beliefs fuel the controversy?
Ans. Many Hindu groups believe the mosque was constructed on a part of the Kashi Vishwanath temple that was once demolished, sparking legal and historical debates.
Q.4. How did the Supreme Court intervene in January 2023?
Ans. The Supreme Court granted permission for Hindu women plaintiffs to clean the water tank in the Gyanvapi mosque, located in a sealed-off area, based on its January 16 directive.
Q.5. What is the current status of the case?
Ans. With 18 pleas being considered in various Varanasi courts and ongoing legal battles, the Gyanvapi case addresses issues like alleged mosque construction by Aurangzeb and the right to worship within the contested area.
