Gyanvapi Mosque Case: Varanasi Court Upholds Maintainability of Hindu Side’s Petition

GG News Bureau

Varanasi, 12^th September. On Monday, a Varanasi court dismissed a petition filed by the Anjuman Islamia Masjid committee challenging the maintainability of a suit filed by five Hindu women seeking worshipping rights in the Gyanvapi mosque compound.

District Judge AK Vishvesh issued his decision in the Gyanvapi Shrinagar Gauri dispute case and scheduled a hearing for September 22.

“The court rejected the Muslim side’s petition and said the suit is maintainable. The next hearing of the case is on September 22,” said Advocate Vishnu Shankar Jain, who represents the Hindu side in the Gyanvapi mosque case.

“It’s a win for the Hindu community. The next hearing is on Sep 22. It’s a foundation stone for the Gyanvapi temple. Appeal to people to maintain peace,” said Sohan Lal Arya, petitioner in the Gyanvapi case.

Previously, the Hindu side stated that if the judgment is in their favor, they will request an Archaeological Survey of India (ASI) survey and carbon dating of the ‘Shivling.’

Advocate Vishnu Shankar Jain, who is representing the Hindu side, said in a statement to the news agency ANI, “Today the court will deliver its judgment on the maintainability of the suit. 1991 Worship Act applies in our favour. If judgment comes in our favour, then we will seek for ASI survey, carbon dating of Shivling.”

Sohan Lal Arya, another lawyer representing the Hindu side, stated that the verdict will be the first day of laying the foundation stone for Kashi Vishwanath.

“Moreover, this day is going to be a very happy day for the Hindu community of the world. Court will give its verdict from 2:00 pm and we have offered prayers for the ‘darshan’ of Lord Shiva in the morning. After the verdict, we will have ‘darshan’. After the verdict comes in our favour, the people of Kashi celebrate by ringing bells and clapping. The people of Kashi will work to awaken the Hindu society,” said Sohan Lal Arya.

The petition was filed by five women seeking permission to worship Hindu deities whose idols are said to be located on an outer wall of the Gyanvapi mosque near Kashi Vishwanath temple.

Following this, a Varanasi court ordered that the mosque complex be surveyed. As a result, in May, a local Varanasi court ordered a videography survey of the complex.

On May 16, the survey work was completed, and the report was presented in court on May 19.

Following the videography survey, the Hindu side claimed that a structure resembling a Shivling was discovered in the mosque complex, but the Masjid committee claimed that it was a fountain, not a Shivling.

“Several sculptures of gods and goddesses, as well as other structures related to Hindu belief, were seen in the Gyanvapi Mosque in Varanasi,” said advocate Ajay Kumar Mishra, who was appointed by the Varanasi court as a commissioner to survey the Gyanvapi-Gauri Shringar complex but was later removed for leaking information.

According to Mishra’s report, the three-four sculptures with Sindoor marks and a ‘Choukhat’-like stone slab are believed to be ‘Sringar Gouri.’

However, the Anjuman Intezamia Masjid Committee has stated that the Gyanvapi mosque is a Waqf property and has questioned the petition’s viability.

A Hindu lawyer, Madan Mohan Yadav, claimed that the mosque was built after the temple was demolished.

According to the petitioners, the mosque complex contains a self-styled Jyotirling of Lord Vishwanath in Kashi.

The petitioner also claimed that Mughal Emperor Aurangzeb destroyed a portion of the Kashi Vishwanath temple in 1669 and built the Gyanvapi Mosque in its place.

The petitioner requests that the court rule that Muslims have no right to occupy the Gyanvapi mosque and that their entry be prohibited. Meanwhile, the defense lawyer stated that there was no temple in the Gyanvapi complex and that the mosque has stood on the site since its inception.

Notably, on July 21, the Supreme Court stated that it will wait for the Varanasi district judge’s decision on the Gyanvapi mosque committee’s application.

Following the outcome of the proceedings before the district judge, the SC bench scheduled a hearing in the first week of October.

On May 20, the Supreme Court transferred the case from a civil judge (senior division) to a district judge, stating that due to the “complexities and sensitivity” of the issue, it is preferable that this case be handled by a senior judicial officer with over 25-30 years of experience.

The bench also stated that no restrictions should be imposed on Muslims who enter the mosque to offer namaz or other religious observances.

The Supreme Court ruled that the process of determining the religious character of a place of worship is not prohibited by the Places of Worship Act of 1991.

The Supreme Court’s decision came after a district court-appointed commission to conduct a video surgery on the Gyanvapi Mosque complex submitted its report on May 19.

The Supreme Court ordered that its interim order issued on May 17 to protect the area where the Shivling was discovered and to allow Muslims to perform namaz remain in effect until the suit’s maintainability is determined, and then for eight weeks to allow parties to pursue legal remedies.

It had stated that the District Judge should decide the maintainability of the civil suit in the Gyanvapi-Kashi Vishwanath on priority as requested by the Anjuman Intezamia Masjid Varanasi Committee of Management.

The Supreme Court heard the case after the Mosque Management Committee filed a petition challenging the civil judge’s order to film inside the mosque.

The order authorized the inspection, survey, and videography of the mosque complex in order to gather evidence about the alleged presence of Hindu deity idols inside the mosque, which is adjacent to the Kashi Vishwanath Temple.