In a crucial judgment in the Gyanvapi case, a Varanasi court on January 24 ordered that the Archaeological Survey of India (ASI) report on the Gyanvapi Masjid case be made public and provided to both sides.
The Varanasi district court, on July 21 last year, directed the ASI to conduct a “detailed scientific survey” to determine if the mosque located next to the Kashi Vishwanath temple was built upon a temple.
Last year, the Allahabad High Court this week rejected all petitions by the mosque committee challenging civil suits seeking restoration of a temple at the mosque site.
The high court directed the Varanasi court to complete the hearing in one of these civil suits, filed in 1991, within six months. This suit is different from the one filed by Rakhi Singh and others. They sought the right to worship at Maa Shringar Gauri Sthal on the outer wall of the Gyanvapi mosque complex. The Archaeological Survey of India on December 18 submitted a 1,500-page report to the Varanasi district court related to the Rakhi Singh case.
Also read: ASI submits Gyanvapi survey report in Varanasi court
Take a look at key facts about the case.
-The case is related to Gyanvapi mosque, located next to the iconic Kashi Vishwanath temple in Varanasi. The high court was hearing three petitions from the Gyanvapi mosque committee and two from the Uttar Pradesh Sunni Central Waqf Board. Three of these petitions challenged the maintainability of a suit filed before the Varanasi court in 1991.
-The 1991 suit was filed before the Varanasi court on behalf of the deity Adi Vishveswar Virajman. It had sought control of the disputed premises and permission for worship there. The plea stated that Hindus have the right to use it as a place of worship and reconstruct their temple. The 1991 suit sought an order stating that the “structure” on top of the cellars and the adjoining part of the “old temple” of Lord Vishweshwar, as well as some other structures, are the property of Lord Visheshwar and devotees.
-The Anjuman Intezamia Masajid Committee and UP Sunni Central Waqf Board had said the Hindu side plea is not maintainable under the Places of Worship Act (Special Provisions) Act of 1991, which restricts altering the character of religious places as it existed on August 15, 1947. In 1991, the petitioners argued that the Gyanvapi dispute began before Independence and would not come under the Places of Worship Act.
-The suit sought the restoration of an ancient temple at the disputed site where the mosque is now located. It argues that the mosque is part of the temple.
-The bench headed by Justice Rohit Ranjan Agarwal stated the Gyanvapi mosque premises could have either a Muslim character or a Hindu character, and it cannot be decided at the stage of framing issues.
-The Varanasi court had ordered a videographed survey of the Gyanvapi complex. This was opposed and even physically resisted by the Anjuman Intezamia Masjid Committee. The high court heard the parties, considered the matter and found the order to conduct the survey lawful.
-On December 20, the HC allowed ASI to continue the survey of the mosque. “If the lower court feels that a survey of any part is necessary, the court may direct ASI to conduct the survey,” the court observed.
History of Gyanvapi mosque
It stands adjacent to the Kashi Vishwanath Temple in Varanasi. According to the available historical record, it was built in the 17th century on the orders of the Mughal emperor Aurangzeb. He allegedly built it after destroying the original Kashi Vishwanath Temple. The present temple was subsequently built next to the mosque by the orders of Queen Ahilya Bai Holkar in the late 18th century.
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