In a setback for the mosque committee in the Gyanvapi case, Allahabad High Court on Tuesday rejected Muslim side's plea challenging Hindus' request to worship at masjid complex.
On Monday, the Archeological Survey of India (ASI) submitted a survey report in a sealed cover on the Gyanvapi mosque complex in the district court, which scheduled the next hearing for December 21.
Representing the Hindu petitioners, advocate Madan Mohan Yadav, said, "The report in sealed cover was placed before the court by the ASI's standing counsel Amit Srivastava."
The survey was ordered by the court after the petitioners claimed the 17th-century mosque was constructed over a pre-existing temple. Four senior officials of the ASI were also present in the court when the report was submitted. The ASI was given multiple extensions to complete the survey.
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"The court has fixed December 21 to open the sealed report and submit its copies to the advocates of either side. The Muslim side made a plea before the court to not make the survey report public. We countered this plea by requesting the court to make it public." Yadav said.
Gyanvapi Case Timeline
-In October 1991, a petition was filed before Varanasi civil judge on behalf of Swayambhu Jyotirlinga Bhagwan Vishweshwar along with five others, seeking the restoration of Gyanvapi land adjacent to the Kashi Vishwanath temple.
-The petitioner in the 1991 plea had put forward three demands: Declaration of the entire Gyanvapi complex as a part of the Kashi temple, removal of Muslims from the complex area, and demolition of the mosque. This 1991 petition is where the Gyanvapi case holds back its roots.
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-In 1998, the Allahabad High Court stayed proceedings in the lower court for 22 years after a fresh case was filed by Anjuman Intezamia Masjid Committee in HC, asserting that the temple-mosque land dispute could not be adjudicated by a civil court because it was not permissible by the law.
-In 2019, the case revived after Supreme Court's verdict in the Babri Masjid-Ram Janmabhoomi title dispute. In this second case, Varanasi-based lawyer Vijay Shankar Rastogi, who claimed to be the “next friend” of Swayambhu Jyotirlinga Bhagwan Vishweshwar, filed a petition in the lower court alleging illegality in the construction of the Gyanvapi mosque. He sought an archaeological survey of the mosque.
-In 2020, Rastogi's plea prompted the Anjuman Intezamia Masjid Committee to oppose the petition seeking an ASI survey of the entire Gyanvapi complex.
-In March 2021, the Places of Worship Act 1991 was taken up by a Supreme Court bench headed by the former Chief Justice S A Bobde to examine its substantiality. The bench asked for Centre's response to a PIL filed by advocate Ashwini Kumar Upadhyay that questioned the validity of the act.
-Months later, a third case was filed in 2021 by five Hindu women seeking permission court to conduct daily prayers at what they claimed was “a shrine behind the western wall of the mosque complex” and protection of the idols. The Varanasi court in 2022 heard the petition by the five women.
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-In July this year, district court issued directions that mentioned the need to survey beneath the mosque's domes, the cellars and the western wall.
-The ASI then in August this year carried out the scientific survey of the Gyanvapi premises to determine whether the mosque was constructed over a pre-existing structure of a Hindu temple.
-On December 11, the Varanasi district court gave one more week to the Archaeological Survey of India (ASI) to submit a scientific survey report of the Gyanvapi mosque complex. This is the sixth time that the court has granted an extension to the ASI to file its survey report. Earlier, extension were granted on September 6, October 5, November 2, November 17 and November 30.
