Varanasi district court Archives - Lokmarg

Gyanvapi-Kashi Vishwanath Temple: ASI Survey Report To Be Made Public

By LokMarg 24th January 2024

The Varanasi district Court on Wednesday asked that the Archaeological Survey of India (ASI) report be made public today and the hard copy be provided to both sides.

Advocate Vishnu Shankar Jain, representing the Hindu side, said, “Today, the court heard both sides and a consensus was reached that the hard copy of the ASI’s report will be provided to both sides…The ASI objected to providing the report via email. So, both sides agreed to get the hard copy of the report.”

“The court listened to both sides today. After hearing both sides, an agreement was reached that a certified copy of ASI’s report be made available to both sides. As soon as the court passes the order, our legal team will apply for the certified copy…”

Earlier on January 16, the Supreme Court 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.

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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Gyanvapi: Caveat Filed In Allahabad HC Over Direction For ASI Survey

By LokMarg 25th July 2023

A caveat petition in the Gyanvapi case was filed by Rakhi Singh, a petitioner from the Hindu side, in the Allahabad High Court on Monday, on the order of Varanasi Court directing a survey of the sealed area on the mosque complex by the Archaeological Survey of India (ASI).

The caveat petition was filed through advocate Saurabh Tiwari through the e-filing mode.
Also the main petitioner in the Shringar Gauri Sthal case, Rakhi Singh also came out in support of the ASI survey at the Gyanvapi mosque complex.

In her caveat, Rakhi urged the Allahabad High Court not to give its judgment without hearing the petitioner should the Anjuman Intezamia Masjid Committee approach it challenging the July 21 order of the Varanasi court.

“It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the application and may provide the opportunity of hearing before passing any order in favour of proposed Petitioner(s)/revisionist(s) and/or pass such other and further order , which this Hon’ble Court may deem fit and proper,” the caveat read.

Earlier, on Saturday, Rakhi Singh had filed a similar caveat in the matter.

On Monday, the Supreme Court ordered that Varanasi district court order of the Archaeological Survey of India (ASI) survey of the Gyanvapi mosque complex, adjacent to Kashi Vishwanath temples, shall not be enforced till 5 pm of July 26.

A bench headed by Chief Justice of India DY Chandrachud says that in the meantime mosque committee shall move the Allahabad High Court with its plea against the district court’s order.

The bench said the order was passed to give some breathing time to the Muslim side to approach the Allahabad High Court.

Gyanvapi mosque management committee, Anjuman Intezamia Masajid, mentioned the matter before the CJI seeking a stay on the July 21 order of the district court.

Senior advocate Huzefa Ahmadi sought a stay on the ASI survey of the mosque complex saying the top court had earlier stayed the carbon dating of the structure, claimed as “shivling” by the Hindi side, found in the ablution pond of the mosque during a court-mandated survey in May 2022.

“What is the tearing hurry, this place has been a mosque since the 1500s? there must be status quo order,” Ahmadi asked the bench.

During the hearing the apex court recorded the submissions of Solicitor General Tushar Mehta, appearing for Uttar Pradesh government, saying it appears ASI is not carrying out any excavation as ordered by the district court and no excavation is contemplated for a week.

Senior advocate Shyam Divan, appearing for the Hindi side, opposed a stay request of Muslim side saying let there should be exercise of caution on the issue and it must go to the High Court.

The Solicitor General has already said no excavations will be carried out, he said, adding that court is seized of the matter and when status quo order is made by Supreme Court it continues indefinitely.

On Friday, Varanasi district judge AK Vishvesha ordered the ASI survey of Gyanvapi complex on an application moved by four Hindu women on May 16, 2023.

The order of the district judge, however, excluded the ablution pond area of the complex, which has been sealed on the order of the top court.

On May 12 this year, the Allahabad High Court had allowed the scientific survey of this purported “shivling” but the top court stayed this order on May 19.

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 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 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)

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.

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.

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 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)

Court Must Settle Gyanvapi Dispute Once And For All

By LokMarg 27th September 2022

Sudhir Tripathi, the advocate representing the women plaintiffs in the Gyanvapi Mosque case, responds to the views of Mufti-e-Shahar, Banaras, Maulana Abdul Nomani

Gyanvapi mosque case is a long running dispute. There have been claims and counterclaims about the structure between Hindus and Muslims. However, there is no dispute among historians that it was built on the site where a temple existed. Currently, at the centre of the controversy is the videography survey which showed a stone structure, which Hindus say is a Shivling and Muslims say is a fountain.

A law of court works on the principle of viable evidences, backed by science. Therefore, our stand is that a carbon-dating of the stone structure be done to establish its age. This is a simple solution. If the structure is a fountain then why are the defendants uncomfortable with its carbon dating?

TheMufti-e-Shahar, Banaras Maulana Abdul Batin Nomani has commented on your website that he has complete faith in judiciary. But he has been contradicting his own stand from day one. First, he claimed that the case is not maintainable and is bound to be dismissed but later he said he will challenge the order of the Varanasi district court in the Allahabad High Court.

It is clear why he is in a dilemma. On one hand, he is calling upon the ‘people of Benaras’ (read Muslims) to abide by the law but one the other hand he says the final verdict will be in the court of the Almighty.

ALSO READ: ‘People Want Political Mileage From Gyanvapi Case’

The Hindu petitioners have demanded for Pooja (prayers), Darshan (sighting), and Sanrakshan (protection) of the Shivling and to substantiate our claims they are ready for a carbon dating of the structure. If it’s a fountain, I plead the defendants to please come up with proofs like its water inlet, design, etc. Let us use scientific methods to verify our claims. There are numerous pieces of evidence like the holy Trishul (trident) or mantras and shlokas inscribed on the walls, which clearly back our demand.

The last prayers were offered in 1991 and since then our deity is locked behind the doors and a huge battery of security personnel has been put on guard. A videography survey has been conducted earlier this year and we are quite confident of its outcome.

The devotees only want to offer prayers to Shringar Gauri which stands on the compound of the disputed Gyanvapi complex as they used to until 1991 and for that, we are moving in the right direction.

If the excesses of the past can be rectified in a harmonious, lawful manner, it will only go to strengthen the communal amity in Benaras. Our history books clearly state that the Gyanvapi Mosque complex was built over the ruins of the desecrated old Shiva Temple by Mughal emperor Aurangzeb. There is disagreement over the reason for destruction of the temple but not about the act.

Even today, parts of this ancient temple are clearly visible on the outer walls of the mosque. From afar, the statues of the bull Nandi and Maa Shringar Gauri can be seen. We don’t want to get involved in any kind of petty disputes as the issue is been unnecessarily politicized for decades and curtains should fall on it once and for all.

As told to Rajat Rai

‘Some People Want Political Mileage from Gyanvapi Issue’

By LokMarg 25th September 2022

Maulana Abdul Batin Nomani, Mufti-e-Shahar, Banaras & general secretary, Anjuman Intezamia Masajid, says he has complete faith in Indian judicial system. His views:

The Gyanvapi mosque issue was essentially a religious one. It has been deliberately turned into a political issue through a litany of court cases dating back to 1991. Speaking about the recent order by the Varanasi District Judge, Anjuman Intezamia Masajid had staked claim that the present suit is not maintainable on account of the Places of Worship Act, 1991, and that when a certain law holds the field, the suit is bound to be dismissed.

However, Varanasi district court’s recent acceptance of the suit filed by five Hindu women seeking permission to pray at Gyanvapi Masjid complex not only violated the Places of Worship Act 1991 but has also reopened what the Supreme Court’s 2019 Ayodhya verdict was supposed to have closed forever—a debate on the religious character of places of worship.

AIM Varanasi, as a party to the case, is of the view that it will abide by the judiciary, whatever be the verdict. We have full faith in the judicial processes. Already a dozen litigations are pending in the courts over Gyanvapi mosque. We do not know what will be the due course in this matter but we will certainly challenge the order of Varanasi District Court in Allahabad High Court.

This recent legal dispute is a result of the survey of the Gyanvapi premises ordered by Varanasi court on petitions seeking all-year-long access to pray at a Hindu shrine Shringar Gauri located behind the western wall of the Gyanvapi Mosque complex (which is currently opened for prayers once a year). AIM had then sought leave of the Supreme Court that its application under Order 7 Rule 11 should be heard first by the Civil Judge.

ALSO READ: ‘Varanasi is An Icon Of Harmony, Don’t Destroy It’

Supreme Court, on 20 May 2022, ordered that the application filed by the Committee of AIM Management shall be decided on priority by the District Judge. So the question reverted back to the District Judge, Varanasi on whether the Gyanvapi mosque does conceal in its premises a “Shivling”.

Here, the things went wrong. We still have older generation who is witness to the fountain inside the mosque premises, which is being claimed as Shivling. Themedia played its part in politicising the issue and creating a fake debate. The original petition asking for the worship of Shringar Gauri got deflected and the whole debate moved in the wrong direction. Now we are in a legal quagmire.

Meanwhile, disturbing statements have been made by a few elements like Haji Mahboob, the petitioner in Babri Masjid case. I would like to appeal to all citizens not to pay heed to these divisive statements. Muslims of Benares should abide by the court of law.

At the same time, it is unfortunate that some people are raising questions on the judiciary itself. Judiciary is the supreme among the four pillars of our democracy. Any question on the judiciary is an indication that something is fundamentally flawed. We need to rectify it and restore the faith of people in the judiciary.

Whatever be the end result, I have been repeatedly asking Muslims of Benares to sit calm and accept the judicial verdict because the final verdict comes in the court of the Almighty. But we as responsible citizens of this country must maintain peace and abide by the constitutional values at any cost.

As told to Abhishek Srivastava