Hindu Worshippers' Plea For ASI Survey Of Gyanvapi Premises: Varanasi Court Asks Mosque Committee To File Reply By May 19

The Varanasi District Court today granted 3 day time (till May 19) to the Anjuman Islamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) to file their reply/objection, if any, on an application filed by 4 Hindu women worshippers seeking a survey of the entire Gyanvapi mosque premises by the Archaeological Survey of India (ASI) to find out as to whether the Mosque had been constructed over a pre-existing structure of the Hindu temple. The court will hear the matter next on May 22. Incidentally, on the same day, a hearing is to be held in the district judge's court regarding the scientific survey of the alleged Shivling found in Gyanvapi.Essentially, the Allahabad High Court, on May 12, gave a significant order regarding this directing the ASI officials to appear in the court of the district judge on that day and give their opinion on the methods of a survey of Shivling.The application (under Section 75(e) and Order 26 Ruled 10A of CPC) by the 4 Hindu Women Worshippers was moved earlier today in a suit pending before the Varanasi Court filed by five Hindu women (plaintiffs) seeking all year-round worshipping rights in the Gyanvapi Mosque compound.This application is significant in the sense that it has been filed 4 days after the Allahabad High Court directed the ASI to conduct a scientific survey (using modern techniques) of the 'Shiva Linga' that has purportedly been found inside the Gyanvapi Mosque premises in Varanasi to ascertain its age.Importantly, the application of the 4 Hindu Women Worshippers states that Swayambhu Jyotirlinga was existing at the site in question (Gyanvapi Mosque Premises) for lakhs of years now, however, the same was destroyed/damaged several times by Muslim Invaders who had hatred against infidels and idol worshippers beginning with the attack of Mahmud Ghazni in 1017 AD.The application further states that one of the most fanatic and cruel Mughal Emperors, Aurangzeb issued Farman in 1669 to demolish the Temple of Lord Adivisheshwar at the site in question and in pursuance of his command, his subordinates carried out the order by demolishing the aforesaid Temple, however, later on, adjacent to the old demolished Temple, a new Temple in the name of Kashi Vishwanath was built in 1777-1780 by Rani Ahilyabai Holkar, the queen of Indore.Against this backdrop, the application states that the building in question (Gyanvapi Mosque) standing in dilapidated condition clearly speaks about its ancient past and after visualizing the building structure, one can easily say that the building is the remains of an old Hindu Temple and that the present structure cannot be deemed to be Mosque by any stretch of the imagination.In support of its assertions, the application refers to May 16, 2022 incident when the Advocate Commissioners, pursuant to Court orders, made a survey of the subject Temple on and found a 'Shiva Linga' on the first floor of the building in question, which was later on sealed in pursuance of the order of the Supreme Court.Referring to the report of the Advocate Commissioners, the application elaborates on how the entire Mosque premises has numerous artefacts and signs of Hindu temple.However, the application adds that presumption and assumptions howsoever strong it maybe, have to be proved by scientific methods before the Court to come to a logical conclusion on the basis of material collected and report submitted by a responsible fact-finding expert agency and hence, it prays for a survey by the ASI of the entire Gyanvapi Moseque premises."That the actual facts existing within the building in question cannot be proved by oral evidence, and the nature of construction, the age of the structure, certain objects hidden behind the artificial walls and beneath the structure can be proved before the court only on the basis of expert opinion which may be given by ASI in this case...it is necessary and expedient in the interest of justice that the Hon’ble Court by virtue of Section 45 of the Indian Evidence Act direct the ASI to conduct a survey and submit a report with regard to the crucial question involved in this suit," the application states.Therefore, the application prays that Court directs the Director of the ASI:-(a) to undertake the scientific investigation/survey/excavation at the property in question excluding the areas sealed by the Supreme Court(b) to conduct a detailed scientific investigation by using the GPR Survey, Excavation, Dating method and other modern techniques of the present structure to find out as to whether the same has been constructed over a pre-existing structure of the Hindu temple;(c) to conduct a scientific investigation in the light of the averment made in this application after associating the Plaintiffs, Defendants and their respective counsels and submit report to this Hon’ble Court within the stipulated time as provided by the Hon’ble Court and also to photograph and video-graph the entire survey proceedings;(d) to investigate the age...

Hindu Worshippers' Plea For ASI Survey Of Gyanvapi Premises: Varanasi Court Asks Mosque Committee To File Reply By May 19

Sparsh Upadhyay

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