On Monday, the Allahabad High Court deferred the hearing on a petition seeking an Archaeological Survey of India (ASI) survey of the alleged wuzukhana area in the Gyanvapi mosque complex in Varanasi.
Justice Rohit Ranjan Agarwal’s court, scheduled to hear the matter post-lunch, did not convene. The next hearing is now set for December 10 at 2 PM.
The petition requests an ASI survey of the wuzukhana (ablution) area of the Gyanvapi mosque to determine the religious character of the disputed site. During the previous hearing, Hindu side counsel Saurabh Tiwari argued that only an ASI survey could confirm the religious nature of the site.
The Muslim side countered, pointing out the Supreme Court's directive to maintain the status quo. In response, the Hindu side clarified that the Supreme Court's order only restricts the survey of the alleged Shivling and not the entire wuzukhana area.
On October 22, the High Court directed the Hindu side to specify the exact portion and area they sought to survey. Following this, the Hindu side submitted critical documents, photographs, and affidavits via e-filing. Copies of the affidavits were also provided to all involved parties.
The case remains a focal point of contention, with both sides presenting legal and historical arguments. The next hearing will determine whether an ASI survey of the disputed area can proceed amidst the ongoing legal tussle.
The case:
On December 18, 2023, the ASI handed over its survey findings on the Gyanvapi mosque complex to the Varanasi district court. This move came after the completion of cleaning work in the Wazukhana area, as directed by the Supreme Court.
The Gyanvapi Mosque has been a topic of interest, with some believing it was built on the remains of the Kashi Vishwanath temple. Various petitions in different courts, including the Supreme Court, Allahabad High Court, and Varanasi District Court, have addressed different angles of this dispute.
The legal tussle dates back to a 1991 petition filed in Varanasi, seeking the restoration of Gyanvapiland to the Kashi Vishwanath temple. The claim was that the mosque was constructed under the orders of Aurangzeb, who allegedly tore down a part of the temple in the 16th century.
The ASI initiated the survey in August 2023, with several extensions granted for the final report.
