PIL Seeking Sealing Of Gyanvapi Mosque Premises, Ban On Entry Of Non-Hindus: Allahabad High Court To Hear On August 8

Sparsh Upadhyay

4 Aug 2023 1:10 PM GMT

  • PIL Seeking Sealing Of Gyanvapi Mosque Premises, Ban On Entry Of Non-Hindus: Allahabad High Court To Hear On August 8

    The Allahabad High Court will hear on August 8 a Public Interest Litigation (PIL) plea seeking a direction to the Uttar Pradesh Government to seal the entire Gyanvapi Mosque premises w/o affecting the ASI Survey order of the Varanasi Court that has been upheld by both, the Allahabad HC and the Supreme Court.A bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava is set to...

    The Allahabad High Court will hear on August 8 a Public Interest Litigation (PIL) plea seeking a direction to the Uttar Pradesh Government to seal the entire Gyanvapi Mosque premises w/o affecting the ASI Survey order of the Varanasi Court that has been upheld by both, the Allahabad HC and the Supreme Court.

    A bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava is set to hear the matter.

    The PIL plea, which also seeks a ban on entry of non-Hindus at the disputed site, has been moved by Chief of the Vishwa Vedic Sanatan Sangh (VVSS), Jitendra Singh Visesn, Rakhi Singh (Plaintiff no. 1 in the Shringar Gauri Worshipping suit 2022) and others through Advocate Saurabh Tiwary.

    The PIL Plea states that the petitioners intend to "save the centuries-old remains of Sri Adi Vishweshwar temple (present Gyanvapi Mosque) in Varanasi" and they seek "protection of Shivlingam of Sri Adi Vishweshwar Virazmaan and other visible and invisible deities in the precinct of the temple".

    Significantly, the PIL plea claims that at the disputed site (settlement Plot No. 9130 Ward and PS- Dashaswamedh, District Varanasi), a magnificent temple used to exist, wherein Lord Shiva, the Lord of Universe, himself established the "Jyotirlinga" lakhs of years ago, however, the said temple was damaged/destroyed in the year 1669 by "cruel Islamic" ruler Aurangzeb.

    The PIL plea further states that after destroying the said temple, Muslims unauthorizedly encroached into the temple premises and put a super structure which they call the "alleged Gyanwapi Mosque" even though the property was vesting in the deity and the same was not and could not be a Waqf Property.

    "The original Jyotirlinga lies beneath the superstructure illegally and unauthorizedly raised by Muslims within the old temple complex (presently Gyanvapi Mosque). The Hindu devotees are not being allowed to have darshan of the deity within old temple complex. The right of the petitioner(s) and devotees in general to worship within the old temple complex guaranteed by Article 25 of the Constitution Of India is being continuously infringed. The pooja and worship being performed by the Petitioner(s) and devotees remain incomplete without having darshan of Sri Adi Vishweshwara Jyotirlinga," the PIL plea avers.

    It further contends that the disputed property has been vesting in the Deity since time immemorial and if any person or persons forcibly and without authority of law offer namaz within that property or at a particular place, the same cannot be called as mosque.

    The petitioners have also claimed that devotes like them have a right to worship Goddess Maa Srinagar Gauri at the asthan of Lord Adi Vishweshwar along with Lord Ganesha, Lord Hanuman, Nandiji and other visible and invisible Deities within the old temple complex/disputed property.

    Further, the PIL plea refers to certain pieces of evidence, sign/symbols on walls, and pillars inside the Gyanvapi Mosque premises to argue that same are part of the old Hindu Temple and that the present structure is standing on the plinth and base of the old temple structure.

    Read more about the PIL Plea here: PIL In Allahabad HC Seeks Sealing Of Entire Gyanvapi Mosque Premises Sans Affecting ASI Survey, Ban On Entry Of Non-Hindus

    In related news, earlier today the Supreme Court refused to stop the Archaeological Survey of India (ASI) from carrying out a survey of the Gyanvapi Mosque at Varanasi, except the 'wuzukhana' area where a 'shivling' was claimed to have been found last year.

    Taking on record an undertaking made on behalf of the ASI that no excavation will be done at the site and no damage will be caused to the structure, the Court allowed the survey to take place.

    The Court ordered thus while disposing of a petition filed by Anjuman Intezamia Masjid Committee (which manages the Gyanvapi Mosque at Varanasi) challenging yesterday's Allahabad High Court order which permitted the ASI survey.

    On July 21, Varanasi District Judge directed the Director of the Archaeological Survey of India (ASI) to conduct a “scientific survey” of the Gyanvapi mosque premises except for the area that was sealed earlier (wuzukhana) to find out if the same has been built over a pre-existing structure of a Hindu temple. This order was upheld by the Allahabad HC on August 3.



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