Supreme Court rejects Masjid committee plea in Gyanvapi Case, directs appeal to High Court (File Photo)
On July 21, a Varanasi Court allowed the Hindu worshippers’ application seeking a scientific survey of the entire Gyanvapi premises by the Archaeological Survey of India (ASI). The court allowed an ASI survey of the whole compound, except for the Shiva Linga area, to ascertain whether the disputed structure was built over a pre-existing Hindu temple.
District Judge AK Vishwesha pronounced the order, directing that the ASI survey must be conducted between 8 to 12 am. The court further directed that there must be no restrictions on namaz and no damage must be done to the Gyanvapi premises.
The Hindu worshippers moved the application before the court in a case seeking all-year-round worshipping rights in the Gyanvapi compound in May 2023. The application submitted that the ‘Swayambhu Jyotirlinga’ existed in the compound for ‘lakhs of years.’ The application contends that the Muslim invaders damaged/destroyed it due to their hatred against infidels and idol worshippers, beginning with Mahmud Ghazni in 1017 AD. Notably, a Jyotirlinga is a devotional representation of Bhagwan Shiva, and the Jyotirlinga situated in Varanasi is one of the 12 Maha Jyotirlingas.
The application further submitted that in 1669, the ‘fanatic and cruel’ Aurangzeb issued a ‘Farman’ to demolish the Adivisheshwar Temple, and thus, his subordinates destroyed the temple in pursuance of his commands. The application further submits that Rani Ahilyabai Holkar, the queen of Indore, built the present-day Kashi Vishwanath Temple adjacent to the old, demolished temple in 1777-1780.
The application contends that the present condition of the premises, currently dilapidated, speaks about its ancient past after visualising the building structure. The applicants argue that the structure remains an ancient Hindu temple, and it cannot be construed as a Mosque by any stretch of the imagination.
“That the actual facts existing within the building in question cannot be proved by oral evidence, and the nature of construction, the age of the structure, certain objects hidden behind the artificial walls and beneath the structure can be proved before the court only on the basis of expert opinion which may be given by ASI in this case…it is necessary and expedient in the interest of justice that the Hon’ble Court by virtue of Section 45 of the Indian Evidence Act direct the ASI to conduct a survey and submit a report with regard to the crucial question involved in this suit,” the application states.
Thus, the applicants have requested the court to issue certain directions to the ASI. The applicants have sought a survey/scientific investigation of the Gyanvapi compound, excluding the areas sealed by the Supreme Court. The applicants have sought that the ASI uses modern techniques to ascertain whether the Mosque was built over a pre-existing Hindu temple and video graphing the entire survey.
‘Aurangzeb not cruel, did not demolish temple’: Muslim side
On May 22, the Muslim side submitted an application to the Varanasi Court claiming that Mughal emperor Aurangzeb was not cruel. The Muslim side filed the application opposing the Hindu side’s plea seeking an ASI survey of Gyanvapi premises.
“Neither Mughal emperor Aurangzeb was cruel, nor did he demolish any Lord Adi Vishweshwar Temple in Varanasi,” said the application. The application submits that there is no concept of two Kashi Vishwanath temples in Varanasi. Furthermore, the Muslim side has also objected to the reference to Muslim rulers as invaders, claiming that it was made to create hatred between Hindus and Muslims.
“The structure or building which is present on the spot, Masjid Alamgiri / Gyanvapi Masjid, has been there for thousands of years, it was a mosque yesterday and is still a mosque, and the Muslims of Varanasi and neighbouring districts, as a matter of right, without any restrictions, have been offering Namaz Panjgana and Namaz Zuma and Namaz Idaan,” the application stated.
The Muslim side had also reiterated its claim that the ‘Shiva Linga’ found inside the Wazukhana is a fountain instead. The application prays that the Hindu side’s plea for an ASI survey of the Gyanvapi premises is rejected, as it can be ascertained from photographs that the disputed structure is a Mosque. Furthermore, the application claims that collecting evidence by a commission or through a scientific probe is impermissible under the law.
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