Varanasi Court Archives - Lokmarg

Allahabad HC Declines Stay On Pray In Gyanvapi Mosque

By LokMarg 2nd February 2024

Allahabad High Court on Friday denied the stay on the Varanasi Court order that allowed the Hindu side to offer prayers in the southern cellar of Gyanvapi mosque.

The court granted time until February 6 for the Masjid Intezamia Committee of Gyanvapi mosque to amend its pleadings to include a challenge to a January 17 order consequent to which the January 31 order was passed.

The next hearing will now be held on February 6.

The bench of Justice Rohit Ranjan Aggarwal said that the mosque side should first challenge the order of January 17, 2024. By this order, District Magistrate Varanasi has been appointed as the receiver, and after that, the DM took possession of the Gyanvapi premises on January 23.

After this, the District Court, by an interim order dated January 31, has given permission to Kashi Vishwanath Temple Trust to perform puja in the basement through a priest.

The court had asked the Masjid Intezamia Committee lawyer SFA Naqvi why the basic order of January 17, 2024 was not challenged?

The committee’s lawyer said, “That due to the order of January 31, he had to come immediately. Will also challenge it (the basic order). Because as soon as the order was given, the district magistrate made preparations at night and started the puja within nine hours.”

Vishnu Shankar Jain, the Hindu side lawyer, objected to the maintainability of the appeal. He said that the original order has not been challenged. The subordinate court has not granted relief to the plaintiff. The authority has been given to the temple trust.

The Masjid Intezamia Committee had also gone to the Supreme Court in the early hours of Thursday, but the Supreme Court had suggested going to the High Court.

Meanwhile, on January 31, the Varanasi district court allowed the Hindu side to offer prayers in the southern cellar of Gyanvapi mosque. The court directed the Varanasi district magistrate to make arrangements within seven days for ‘puja’ to be performed by the Hindu side and a pujari (priest) nominated by Shri Kashi Vishwanath Temple Trust.

After the order of the court, “puja” and “aarti” were performed in the early hours on Thursday.

The district court has issued the order on the plea of the head priest of Acharya Ved Vyas Peeth temple, Shailendra Kumar Pathak Vyas, seeking worship of Shringar Gauri and other visible, and invisible deities in the cellar of the mosque. Vyas is the scion of the family which was performing “puja” in this cellar till December 1993.’

The plea stated that Vyas’s maternal grandfather, priest Somnath Vyas, used to perform prayers there till 1993 when the cellar was closed by the authorities.

Following the Varanasi court order, Muslim side lawyer Akhlaq Ahmed said, “The order has overlooked the Advocate Commissioner report of 2022, ASI’s report, and the decision of 1937, which was in our favour. The Hindu side has not placed any evidence that prayers were held before 1993. There is no such idol in the place.”

The mosque has four ‘tahkhanas’ (cellars) in the basement, of which one is still in the possession of the Vyas family, who used to live there. Vyas had petitioned that, as a hereditary pujari, he be allowed to enter the tahkhana and resume pooja.

The ASI survey, ordered by the same court, in connection with a related case, suggested that the mosque was constructed during Aurangzeb’s rule over the remains of a Hindu temple. (ANI)

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ASI To File Gyanvapi Survey Report In Court Today

By LokMarg 11th December 2023

The report of the scientific survey of the Gyanvapi mosque conducted by the Archaeological Survey of India (ASI) is likely to be presented in the Varanasi court on Monday.

On the previous date, the court had given the ASI 10 days’ time on November 30 and ordered it to file the report within the “provided time.”

The Court had earlier asked it to submit its survey report by November 17. Later, ASI was granted time until November 28 to file its report.

The survey has been held for 100 days, during which the ASI has asked for several extensions. The survey had concluded almost a month ago and the ASI had sought extra time to file its report.

The last extension was on November 18, when the ASI asked for another 15 days. The court had allowed it 10 days. The ASI had been conducting the survey since August 4 on the mosque premises. It leaves out the Wuzukhana area, which has been sealed by the orders of the Supreme Court.

On November 2, the ASI told the court it had “completed” the survey but would need some more time to compile the report, along with the details of the equipment used in the survey.

The court had granted additional time till November 17 for submitting the document. The survey was ordered by a Varanasi court on July 21, following a petition by four women who sought permission to pray at the Shringar Gauri Shrine which is behind the western wall of the temple.

Earlier, in August this year, the Allahabad High Court allowed the Archaeological Survey of India to conduct a survey of the Gyanvapi mosque complex in Varanasi. (ANI)

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ASI May Seek More Time From Court On Gynavapi Survey Report

By LokMarg 2nd September 2023

With the timeline of four weeks granted to the Archaeological Survey of India by a Varanasi court to complete its survey in the Gyanvapi complex ending on Saturday, lawyers representing Hindu litigants said that ASI may seek more time from the court and may submit a preliminary report.

Sudhir Tripathi, an advocate representing the Hindu side, said they think “the survey is not completed yet”.

“ASI may give a primary report but they should not submit the final report yet as the survey is incomplete. After lunch, the court will hear the matter. There is a possibility that ASI may ask for more time from the court,” Tripathi told ANI.

Shubhash Nandan Chaturvedi, also a lawyer representing Hindu litigants, said the four weeks given by the Varanasi district court to ASI to complete its survey end on Saturday.

“We think that the survey is not completed yet and ASI may make a request to extend the date,” he said.

The scientific survey of the complex, adjacent to Kashi Vishwanath Temple, excluding ‘wuzukhana’, began on August 4, following the Allahabad High Court’s order, which allowed the ASI to conduct the survey to determine if the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple

Earlier, Advocate Vishnu Shankar Jain, also a lawyer for the Hindu side, said an out-of-court settlement in the Gyanvapi Mosque issue “is not legally possible”.

His remarks came after Jitendra Singh Bisen, the international president of the Vishwa Vedic Sanatan Sangh, wrote a letter to Anjuman Intejamia proposing an out-of-court settlement in the Gyanvapi case.

“…in matters related to the country and society, where a representative suit is filed involving the entire society, even if one person or party wants to settle alone, they cannot. So this initiative for an out-of-court settlement is not possible…as it is not legally possible,” Jain said.

The Allahabad High Court on August 3 had dismissed the plea filed by the Muslim side, the Anjuman Intezamia Masjid Committee, challenging the Varanasi court order allowing the ASI to conduct a scientific survey of the Gyanvapi mosque premises.

The Supreme Court had last month refused to stop the Archaeological Survey of India (ASI) from conducting its “scientific investigation” of the Gyanvapi premises in Varanasi. (ANI)

Varanasi Court Allows Scientific Survey Of Gyanvapi Mosque Complex

By LokMarg 21st July 2023

A Varanasi Court has given directions to conduct an ASI survey of the Gyanvapi mosque complex, excluding the Wazu tank which has been sealed, Vishnu Shankar Jain, who represents Hindu side in the case, said on Friday.

“I have been informed that my application has been approved and the court has given directions to conduct an ASI survey of the Gyanvapi mosque complex, excluding the Wazu tank which has been sealed. I think the survey can be completed within 3 to 6 months,” he said.
Subhash Nandan Chaturvedi, who also represents Hindu side in the Gyanvapi case, said the court decision is turning point in the case.

“Our application for the ASI survey has been accepted. It’s a turning point in the case,” he said.

The court pronounced its order on a petition filed by the Hindu side seeking direction for a “scientific survey” of the entire Gyanvapi mosque premises by the Archaeological Survey of India (ASI).

The Hindu side had submitted a petition letter in the Varanasi court asking for an ASI study of the entire complex of the Gyanvapi mosque located in Vishwanath temple.

Advocates and supporters of the Hindu side are hopeful and eagerly waiting for the Court’s verdict on the petition.

The court completed arguments on a petition on Friday last.

The petition was filed in May this year by five women who in another plea had earlier sought permission to pray at the “Shringar Gauri Sthal” inside the shrine complex. A structure — claimed to be a “Shivling” on one side and a “fountain” on the other side — was found on the mosque premises.

The survey will exclude the Wazukhana that has the ‘Shivling’ like structure. That area has been sealed and the matter is in the Supreme Court. The Muslim side is likely to challenge this order before the Allahabad High Court

Vishnu Shankar Jain, had said on July 14 that they kept our point in front of the court.

“Honourable Supreme Court on May 21 gave judgment in our favour.. we kept our viewpoint in front of the district court seeking an investigation of the site by ASI… Let us wait for the court’s order.”

Earlier on July 6, Hindu petitioners in the Gyanvapi case urged the Supreme Court to hear at the earliest a petition challenging Allahabad High Court’s order directing the Archaeological Survey of India to conduct a “scientific survey”, including carbon dating, of a “Shivling” said to have been found at the Gyanvapi mosque complex in Varanasi during a video graphics survey last year.

Petitioners wrote a letter to the Registrar of the Supreme Court stating that the case was listed before the apex court on May 19, 2023, when it had deferred the implementation of the directions till July 6, 2023.

The Supreme Court had earlier 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.

Allahabad High Court allowed the scientific survey of the “Shivling” in the premises of the Gyanvapi complex under the supervision and direction of District Judge, Varanasi.

A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and KV Viswanathan had deferred the “scientific survey” saying, “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.”

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

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

Solicitor General of India Tushar Mehta, appearing for the State of Uttar Pradesh, had 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 had 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)