HC reserves judgment in plea challenging ASI survey of the Gyanvapi mosque complex
After hearing the parties concerned, justice Prakash Padia reserved judgment in the petition filed by the Uttar Pradesh Sunni Central Waqf Board and the Anjuman Intezamia Masjid Committee (AIMC) that manages the Gyanvapi mosque.
PRAYAGRAJ: The Allahabad high court on Monday reserved its judgment in a matter wherein a lower court’s order for an Archaeological Survey of India (ASI) survey of the Gyanvapi mosque complex in Varanasi has been challenged. After hearing the parties concerned, justice Prakash Padia reserved judgment in the petition filed by the Uttar Pradesh Sunni Central Waqf Board and the Anjuman Intezamia Masjid Committee (AIMC) that manages the Gyanvapi mosque. The court also extended the earlier-granted interim order till the delivery of judgment.
During the course of hearing, senior advocate CS Vaidyanathan argued, “Lord Visheshwar is a Swayambhu deity and is a manifestation of God. Swayambhu Lord Visheshwar manifested itself in nature without any human craftsmanship... There has been a temple of Swayambhu Lord Visheshwar since Satyug, and at the time when India gained independence on August, 15, 1947, Hindus were allowed to perform their religious rituals. This practice is going on uninterrupted till today. Hence, the suit filed by the plaintiff/respondents is fully maintainable.”
Earlier, on April 8, 2021, a Varanasi court had directed the ASI to conduct a comprehensive survey of the Gyanvapi mosque complex. Subsequently, the petitioners -- AIMC and U.P. Sunni Waqf Board -- filed the present petition before the high court, challenging the order of the Varanasi court. The petitioner and others have also challenged the maintainability of the original suit filed in the Varanasi district court in 1991.
Later, on September 9, 2021, the high court stayed the Varanasi court order. Recently, on November 11, senior advocate CS Vaidyanathan, appearing for the plaintiff (Hindu side) of the suit pending before a Varanasi court, argued that for reaching a logical conclusion, the inquiry should be done. “In this matter, the survey shall be done by the ASI to bring out prima facie truth, as watching the disputed premises with naked eyes, it is clear that this is part of the temple and the proceedings of the survey should be continued,” Vaidyanathan added.
Notably, the original suit sought the restoration of the ancient Kashi Vishwanath Temple at the site where the Gyanvapi mosque currently stands. In the suit, it was claimed that the mosque was a part of the temple.