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Gyanvapi Mosque case: Varanasi court allows ASI survey inside mosque premises

  • Varanasi Court allows ASI survey of Gyanvapi Mosque Compound, excludes Wazu Tank
  • Muslim party to seek High Court stay on ASI probe of Gyanvapi Mosque
  • Hindu party's plea for year-round worship right inside Gyanvapi Mosque maintainable; Varanasi Court

21 Jul 2023

A district court in Varanasi on Friday allowed an application filed by Hindu women worshipers seeking a survey of the entire Gyanvapi mosque compound (except Wuzukhana) by the Archaeological Survey of India (ASI). The court asked the ASI officials to submit a study report on the scientific survey by August 4.

"My request has been approved and the court has allowed the ASI to survey the Gyanvapi mosque complex," Vishnu Shankar Jain, who represents the Hindu party, told reporters. He further added that the Wazu tank was excluded from the ASI survey.

Unsatisfied with the verdict, the Muslim party said it would knock on the high court's door to get a stay on the ASI probe of the Gyanvapi mosque. The Hindu party filed a request in the court to survey the barricaded area of ​​the Gyanvapi mosque complex excluding its closed area by the ASI.

Earlier, the Varanasi court, while hearing a plea by a Hindu party seeking a direction from the court for an ASI survey of the entire Gyanvapi Masjid premises, directed the Masjid Committee to file its reply. In its response to the court's direction, the Anjuman Islamia Masjid Committee, which manages the Gyanvapi Masjid, prayed to the court to dismiss the plea of ​​Hindu religious women seeking a survey of the entire Gyanvapi Masjid premises by the ASI.

In 2021, five Hindu female devotees filed a suit in a court in Varanasi, demanding year-round worship right inside the Gyanvapi mosque complex. The Muslim side said that the plea of ​​the Hindu side was unsustainable, however, the Varanasi court declared that the plea of ​​the Hindu side was maintainable. The Allahabad High Court also dismissed the Muslim party's appeal and upheld the order of the Varanasi District Court on the maintainability of the objection.

Earlier, the Varanasi court had appointed a judicial commissioner for the video survey of the Gyanvapi mosque complex and the survey work in the Gyanvapi mosque premises was completed on May 16 last year and the report was submitted to the court on May 19 last year. During a court-ordered survey inside the Gyanvapi mosque, a structure was reportedly found, and the Hindu side claimed that the structure was a "Shiva Linga", while the Muslim side claimed it was a "fountain".

Earlier, the Allahabad High Court, while hearing a plea by religious Hindu women challenging a Varanasi court order rejecting their request for a scientific survey of a structure claimed by the Hindu party to be a 'Shiva Linga', ordered the ASI to conduct a scientific survey of the structure. However, the apex court's order was stayed by the Supreme Court till the next date of hearing on the appeal of the Anjuman Islamia Masjid Committee.

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