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Gyanvapi-Kashi Vishwanath Temple: SC Allows Cleaning Of ‘Wazukhana’ Where ‘Shivling’ Was Found

By LokMarg 16th January 2024

The Supreme Court on Tuesday allowed an application of Hindu women petitioners seeking direction for cleaning the entire area of ‘wazukhana’ of Gyanvapi mosque where the alleged ‘Shivling’ was found and maintaining hygienic condition.

A bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra said the area of ‘wazukhana’ shall be cleaned under the supervision of district administration Varanasi, having regard to the previous orders of the apex court.

Gyanvapi mosque management committee said it supports cleaning of the water tank, which has remained sealed on apex court’s orders for nearly two years.

‘Wazukhana’ is the reservoir where devotees perform ablutions before offering namaz.

The application said fishes in the water tank died between December 12 to 25, 2023 and due to the same, there is a putrid smell emitting from the tank.

“Since there exists Shivlingam which is sacred to Hindus and should be kept away from all dirt, grime, dead animals, etc. and must be in clean condition, is currently in the midst of dead fish which is hurtful to the sentiments to the devotees of Lord Shiva,” the application stated.

The application filed through advocate Vishnu Shankar Jain said fishes in the water tank have died and due to the same, there is a putrid smell emitting from the tank.

It is further submitted that the Committee of Management Anjuman Intezamia Masjid which manages the mosque in the Gyanvapi complex is responsible for the condition of fish due to which they have died.

“In case, the fishes would had been transferred as requested by District Magistrate, Varanasi the present unfortunate situation would have not occurred,” the application said while seeking direction to clean ‘wazukhana’.

The area of ‘wazukhana’ was sealed in 2022 on a Supreme Court order after the discovery of what was said to be a ‘Shivling’.

A structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16, 2022, during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.

The ‘Wazu’ area of the Gyanvapi mosque is the centre of the Gyanvapi mosque-Kashi Vishwanath temple dispute between Hindus and Muslim parties in the case since the Hindu parties claim that ‘Shivling’ has been found in that spot, however, the Muslim side disputed the same and said that it is only a water fountain. (ANI)

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If Someone Sees Shivling, I Have No Objection: Delhi LG On Fountains Near Airport

By LokMarg 2nd September 2023

Delhi Lieutenant Governor Vinai Kumar Saxena said on Saturday that fountains installed on the way to Delhi airport ahead of the G20 summit are art pieces made by an artisan from Rajasthan and “not Shivling” and he has no objection if someone sees ‘Shivling’ in it.

He said there should be no controversy concerning the fountains amid complaints by Aam Aadmi Party.

Vinai Kumar Saxena told ANI in an interview that India is a unique country where rivers and trees are worshipped and the focus at this time should be on giving the best experience to delegates visiting Delhi for the G20 summit.

“Those are art pieces made by an artisan from Rajasthan, not ‘Shivling’. Ours is a unique country where rivers and trees are worshipped. If someone sees ‘shivling’ in it (‘Shivling-shaped’ fountains), then it is very good; I have no objection to it, but there should be no controversy…,” he said.

AAP MLAs Friday wrote to the Special Commissioner, Delhi Police, and complained against LG VK Saxena and other government officials for “outraging the religious sentiments of Hindus by installing 18 Shivling fountains for decoration/beautification” purposes near Palam technical area in the national capital.

AAP leader Sanjay Singh had earlier sought an apology from the Bharatiya Janata Party over the decision and alleged that the LG had “insulted” Shivling.

The G20 Summit will be hosted in the national capital on September 9 and 10. (ANI)

Gyanvapi Case: SC Defers Scientific Survey Of “Shivling”

By LokMarg 19th May 2023

The Supreme Court on Friday deferred the “scientific survey”, including carbon dating, of a “Shivling” said to have been found at the Gyanvapi mosque complex in Varanasi during a videographic survey last year.

A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and KV Viswanathan put on hold the carbon dating of the “Shivling” saying that the implementation of the directions contained in the Allahabad High Court’s order shall stand deferred till the next date of hearing.
“Since the implications of the impugned order merit closet scrutiny, the implementation of the directions concerned in the order shall stand deferred till the next date,” said the bench in its order.

The bench also issued notice to the Centre and Uttar Pradesh government on the appeal of the Gyanvapi mosque management committee against the High Court’s recent order for scientific investigation by ASI to determine the age of “Shivling”.

Senior advocate Huzefa Ahmadi, appearing for the Gyanvapi mosque management committee, told the bench that the carbon dating and the survey will commence on Monday.

Solicitor General of India Tushar Mehta, appearing for the State of Uttar Pradesh, submitted that there should be no damage to the structure which one side claims a “Shivling” and the other calls a fountain.

Advocate Vishnu Shankar Jain, appearing for the Hindu petitioners in the case, said that experts of the ASI have already informed that no damage will be caused to the 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 on May 16 last year during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.

The High Court on May 12 set aside the Varanasi District judge’s order which had rejected the application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022.

The High Court directed the Varanasi District judge to proceed, in accordance with the law, on the application by the Hindu worshippers for conducting a scientific probe of the “Shivling”.

Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the order lower court order. (ANI)

Gyanpavi: HC Seeks ASI Affidavit On Conducting Carbon Dating Of Shivling

By LokMarg 21st November 2022

Allahabad High Court on Monday asked the Archeological Survey of India (ASI) to file an affidavit on whether the ‘carbon dating of the purported ‘Shivling’ found inside the premises of the Gyanvapi Mosque, can be conducted without defacing its shape.

The High Court directed the ASI to file its affidavit on the next date of hearing — November 30.
The HC was hearing a review petition filed by Lakshmi Devi and three others, challenging the Varanasi district court’s order of a ‘scientific survey’ of the purported Shivling, which is claimed to be a part of the fountain of the wazu khana by the mosque management.

In its order on Monday, the single bench of Justice JJ Muneer asked the ASI to confirm if ‘carbon dating’, a method to determine an object’s age, can be conducted without defacing the purported Shivling.

“The subordinate court has rejected the application for conducting a scientific survey in view of the status quo order issued by the Supreme Court. Apprehension has been expressed that carbon dating may damage the alleged Shivling,” the bench stated, adding that it was necessary to determine the age of the ‘Shivling’ without deforming its shape.

The counsel for the petitioners, Advocate Vishnu Shankar Jain, said only a scientific survey (carbon dating) can bring forth correct information on the ‘Shivling’ found in the Gyanvapi mosque complex, along with other religious items.

It will also establish beyond any reasonable doubt how old the ‘Shivling’ and other idols found there are, the counsel for the petition further submitted.

Earlier, the petitioners had filed an application in the district court, Varanasi seeking a scientific survey of the Gyanvapi Masjid complex.

The court, however, rejected the plea on October 14 saying that doing so could damage the structure.

The single-bench of the Allahabad HC on Monday also directed the principal secretary of the Department of Religious Affairs, Uttar Pradesh, to file an affidavit on the government’s position or stand in the matter on the next date of hearing — November 30.

The chief standing counsel of the state government, Pancham Bipin Bihari Pandey, was directed to clarify the government’s stand by filing an affidavit on behalf of the principal secretary, Department of Religious Affairs, UP.

Advocate Manoj Singh, appearing for the Union government, had sought three months’ time to clarify its position on the matter. However, the court directed that an affidavit is to be filed by November 30. (ANI)

Hearing Of Plea Seeking Worship Of Shivling In Gyanvapi Premises Adjourned To Nov 14

By LokMarg 8th November 2022

A fast-track court in Varanasi on Tuesday adjourned the matter for November 14 on the plea seeking worship of the ‘Shivling’ that the Hindu side claimed to be found on the Gyanvapi mosque premises.

The matter was adjourned for November 14 as the concerned judge would not sit in the Fast Track court today.
The Court was supposed to deliver its verdict on the three main demands by the plaintiff which include the permission for the immediate beginning of prayer of Swayambhu Jyotirlinga Bhagwan Vishweshwar, the handing over of the entire Gyanvapi complex to the Hindus, and banning the entry of Muslims inside the premises of the Gyanvapi complex.

It is to be noted that the Muslim side is allowed to offer prayers at present.

During the previous hearing that took place in October, the Varanasi court had refused to allow a ‘scientific investigation’ of the purported ‘Shivling’.

The Hindu side had demanded carbon dating of the structure they claimed to be a Shivling found inside the Gyanvapi Mosque’s wazukhana.

However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application in the Varanasi District Court on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

The Hindu side said that they would approach the Supreme Court against the Varanasi court’s verdict refusing to allow a ‘scientific investigation’ of the purported ‘Shivling’, claiming to be found on the Gyanvapi mosque premises.

On September 29 hearing, the Hindu side had demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

The Varanasi court said, “It would not be proper to order the survey of Archaeological Survey of India (ASI) and by giving such order the age, nature, and structure of the said Shivling is known, even this does not imply the possibility of a just solution”.

Advocate Vishnu Jain, representing the side in the Gyanvapi case, “Court has rejected our demand of seeking carbon dating. We’ll move to Supreme Court against this order and challenge it there. I cannot announce the date as of now, but we’ll soon challenge this order in Supreme Court.”

Another lawyer of the Hindu side Madan Mohan Yadav said, “Though the court has rejected the demand of seeking carbon dating, the option of going to the High Court is available and the Hindu side will place their point before the High Court as well.”

Referring to the order of May 17 of the Supreme Court, the Varanasi Court had said that “If the alleged Shivling is damaged by taking samples, then it will be in violation of the order of the Supreme Court”.

“If the Shivling is damaged, the religious sentiments of the general public can also get hurt”, the Varanasi Court had said.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

After hearing both sides’ arguments, the court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case.

On May 20, the Supreme Court had ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.

Akhlaq Ahmed, representing the Muslim side had said that the plea by the Hindu side is not maintainable as it is against the order of the Supreme Court that stated protecting the structure (which the Muslim side claims to be a fountain and the Hindu side claims to be a Shivling).

“We responded to the application on carbon dating. Stone does not have the capacity to absorb carbon. The Supreme Court in its May 17 order, according to which, the object that the commission found, had to be protected. The order of the SC will prevail, so the object cannot be opened. According to the Hindu side, the process will be scientific, even if it is so, there will be tampering with the object. Chemicals will be used for the test. We will take action based on the order by the court on October 14,” Ahmed had told ANI.

Another lawyer representing the Muslim side, Tohid Khan had said, “The court will deliver its verdict on whether the application seeking carbon dating is acceptable or should be rejected. The structure is a fountain and not Shivling. The fountain can still be made operational.” (ANI)

Gyanvapi: Court Rejects Plea Seeking Carbon Dating Of Shivling

By LokMarg 14th October 2022

A Varanasi court on Friday rejected the plea seeking carbon dating and scientific investigation of the purported ‘Shivling’ claimed to be found in the Gyanvapi mosque complex.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court.
However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Speaking to ANI, Vishnu Jain, representing the Hindu side said, “The Muslim side said that Shivling is not a part of the suit property and its carbon dating cannot be done. We have given our clarification on both of these points. The court will deliver its verdict on October 14.”

Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

The court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

“We responded to the application on carbon dating. Stone does not have the capacity to absorb carbon. The Supreme Court in its May 17 order, according to which, the object that was found by the commission, had to be protected. The order of the SC will prevail, so the object cannot be opened. According to the Hindu side, the process will be scientific, even if it is so, there will be tampering with the object. Chemicals will be used for the test. We will take action based on the order by the court on October 14,” Ahmed told ANI.

Another lawyer representing the Muslim side, Tohid Khan said, “The court will deliver its verdict on whether the application seeking carbon dating is acceptable or should be rejected. The structure is a fountain and not Shivling. The fountain can still be made operational.”

Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivaling, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi. (ANI)

Gyanvapi Case: Verdict On Shivling Carbon Dating Defers Till Oct 11

By LokMarg 7th October 2022

The Varanasi court on Friday deferred to October 11 the hearing on the Hindu side’s plea seeking carbon dating/scientific investigation of the structure found inside the Gyanvapi Mosque which they claimed to be a ‘Shivling’.

The Anjuman Intezamia Committee’s arguments will be heard by the Varanasi court on October 11 and thereafter, the court will pronounce its order on the matter.
Speaking to media persons, Advocate Vishnu Jain, representing the Hindu side in the Gyanvapi case said, “The court asked us to clarify on two points whether the structure found inside Gyanvapi Masjid is part of this suit property or not? Second, can the court issue a commission for scientific inquiry? We have submitted our reply.”

Advocate Jain further said that the Muslim side has sought some time to reply. The matter will now be heard on October 11.

The bench of Varanasi District Judge Ajay Krishna Vishwesh delivered the order.

“We said that it is part of our suit property and by virtue of Order 26 Rule 10A of CPC, the Court has the power to direct scientific investigation. Muslim side has sought some time to reply. The matter will now be heard on October 11,” he added.

Earlier on September 29, the court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court. However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Besides this case, two more cases that could not be heard on Thursday due to the holiday will be heard today. First, pertaining to the demand from the court to worship the Shivling found in Gyanvapi, a case filed on behalf of Shankaracharya Swami Avimukteshwarananda.

The second is in connection with the case demanding to hand over the ‘Shivling’ site found in Gyanvapi to the Hindus. Hearing on both applications is to be held in the court of Senior Civil Judge Kumudlata Tripathi today.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivalinga, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.

Earlier on September 12, the Varanasi Court had dismissed a plea of the Anjuman Islamia Masjid committee challenging the maintainability of the suit filed by five Hindu women seeking worshipping rights in the Gyanvapi mosque compound. (ANI)

Gyanvapi Case: Varanasi Court To Pronounce Verdict Today, Sec 144 Imposed

By LokMarg 12th September 2022

Varanasi district court will pronounce the verdict in the Shringar Gauri-Gyanvapi case on Monday.

District Judge AK Vishvesh had last month reserved the order till September 12 in the matter.
The decision relates to the maintainability of Hindu women’s plea seeking permission to worship Hindu deities in the Gyanvapi Mosque complex.

Security has been tightened and prohibitory orders (Section 144) have been imposed in Uttar Pradesh’s Varanasi on Sunday a day ahead of the district court order.

The police have deployed forces in areas where a mixed population resides in the city and patrolling is ongoing to ensure no law and order situation arises on the maintainability of a plea by five Hindu women seeking permission to worship the Shringar Gauri Sthal within the Kashi Vishwanath-Gyanvapi Masjid complex.

“A Varanasi court may pronounce judgment on a crucial matter. Section 144 was implemented in the city. Police force posted in areas where the mixed population resides. Patrolling is on. We are trying our best that no law and order situation arises,” said Police Commissioner, A Satish Ganesh.

The petition was filed by five Hindu women seeking permission to worship the Shringar Gauri Sthal within the Kashi Vishwanath-Gyanvapi Masjid complex.

Following this, a local Varanasi court ordered a videography survey of the complex in May. The survey work was completed on May 16 and the report was presented in the court on May 19.

After the videography survey claims were made by the Hindu side that a structure, resembling a Shivling was found in the mosque complex. The Masjid committee contested that it was a fountain and not a Shivling.

The Supreme Court on May 20 transferred the case from a civil judge (senior division) to a district judge, saying considering the “complexities and sensitivity” of the issue, it is better if a senior judicial officer having an experience of over 25-30 years handles this case.

The bench also said that no manner of restriction should be imposed on Muslims entering the mosque to offer namaz or religious observances.

It had ordered that its interim order passed on May 17 — to protect the area where the Shivling was found and access to Muslims for namaz — shall continue in operation till maintainability of the suit is decided and thereafter for eight weeks to enable parties to pursue legal remedies.

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

The matter had reached the Supreme Court on a petition filed by the Mosque Management Committee, which challenged the civil judge’s orders.

The order permitted inspection, survey, and videography of the mosque’s complex to collect evidence about the alleged existence of idols of Hindu deities inside the mosque, which is adjacent to the Kashi Vishwanath Temple.

They filed an application for the protection of the shivling, whereupon the civil judge directed the district magistrate, Varanasi, to seal the area where the shivling was sighted. It also directed the deployment of the CRPF to protect the sealed area and prohibited people from entering it. (ANI)

Gyanvapi Case: Hindu Side To Seek ASI Survey, Carbon Dating Of Shivling

By LokMarg 12th September 2022

As Varanasi district court is set to deliver its verdict today on the maintainability of civil suits challenging the title of the Gyanvapi mosque and the land surrounding it, the Hindu side said that they will seek for Archaeological Survey of India (ASI) survey and carbon dating of ‘Shivling’ if the judgment comes in their favour.

Speaking to ANI, Advocate Vishnu Shankar Jain, representing the Hindu side said, “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.”

Another lawyer, representing the Hindu side, Sohan Lal Arya said that the verdict will prove to be the first day of planting the foundation stone of 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.

Security has been tightened and prohibitory orders (Section 144) have been imposed in Uttar Pradesh’s Varanasi on Sunday a day ahead of the district court order.

Varanasi Assistant Commissioner of Police, Santosh Kumar Singh, said that more than 2000 police personnel have been deployed and all necessary arrangements have been made to maintain law and order.

“Peace Committee meetings have been held several times and police is on alert. along with this, we have also talked to the religious leaders and an appeal has been made to maintain peace,” said Singh.

The petition was filed by five Hindu women seeking permission to worship the Shringar Gauri Sthal within the Kashi Vishwanath-Gyanvapi Masjid complex.

Following this, a local Varanasi court ordered in May a videography survey of the complex. The survey work was completed on May 16 and the report was presented in the court on May 19.

The bench also said that no manner of restriction should be imposed on Muslims entering the mosque to offer namaz or religious observances.

The matter had reached the Supreme Court on a petition filed by the Mosque Management Committee, which challenged the civil judge’s orders.