In the dispute regarding the ownership of the Kashi Vishwanath-Gyanvapi site in Varanasi, the Allahabad High Court has issued a significant order on Tuesday. In the Gyanvapi case, the Allahabad High Court has delivered a significant blow to the Muslim side by granting permission for the trial of the 1991 case. The Allahabad High Court has dismissed five pleas.
Justice Rohit Ranjan Agarwal’s bench dismissed the petitions filed by the Sunni Central Waqf Board and the Anjuman Intezamia Masjid Committee, which challenged the ownership disputes related to the Gyanvapi mosque. The court stated that the case affects two major communities in the country. The High Court directed the Varanasi District Trial Court to make a decision on the case within six months.
The legal battle over the Gyanvapi Mosque has been going on since 1991. The first case was filed in the Varanasi court in 1991, seeking permission for worship at the Gyanvapi premises. The case involves Swayambhu Bhagwan Vishweshwar’s ancient idol, with Somanath Vyasa, Ram Rang Sharma, and Harihar Pandey as the petitioners. A few months after the case was filed, in September 1991, the Central government enacted a law regarding places of worship. The law stipulates that any place of worship that existed before August 15, 1947, cannot be converted into a place of worship of another religion. Attempting to do so could lead to imprisonment of one to three years along with a fine.
The Ayodhya case was in court at that time, hence it was kept separate from this law. However, the Mosque Committee referred to this law in the Gyanvapi case and challenged it in the High Court. In 1993, the Allahabad High Court had issued a stay order to maintain the status quo. In 2018, the Supreme Court ruled that the validity of a stay order in any case would be for only six months, after which the order would not be effective.
After this order, in 2019, Rakhi Singh filed a case in Varanasi Court and the court resumed hearing on this matter. In 2021, the Senior Division Fast Track Court of Varanasi approved the archaeological survey of the Gyanvapi Mosque. A commission was appointed, and on May 6 and 7, both parties were present for the filming by the surveyors. By May 10, the court had requested complete information on this matter.
Survey work began on May 6 but was opposed by the Muslim side on May 7. The case reached the court, and on May 12, the court dismissed the Muslim side’s plea to change the commissioner, ordering the survey to be completed by May 17. The court instructed that where locks are present, they should be opened. If anyone attempts to create obstacles, take legal action, but the survey must be completed under any circumstances.
On May 14, the Supreme Court immediately rejected the plea of the Muslim side, which sought to stop the survey in the Gyanvapi Mosque. The plea requested a halt to the survey during the hearing. The apex court refused to issue an order without examining the documents. Now, a hearing is scheduled for May 17 in this matter. Survey work on the Gyanvapi site resumed from May 14. Every area, from closed rooms to wells, was inspected, and the entire process was filmed and photographed.
The survey work was completed on May 16. The Hindu side claimed to have found a well near the Baba. Additionally, many pieces of evidence supporting Hindu heritage were found. Meanwhile, the Muslim side claimed that nothing significant was found during the survey. The Hindu side demanded a scientific survey, which was opposed by the Muslim side. On July 21, 2023, the district court approved the demand of the Hindu side for a scientific survey of the Gyanvapi premises. After this, the matter reached the Supreme Court, which directed it to go to the High Court. In this case, on August 3, 2023, the Allahabad High Court allowed the survey of the Gyanvapi Mosque premises.