News Analysis India

Tag: Gyanvapi Mosque

  • BREAKING: Gyanvapi Masjid Survey Case: ASI Submits Report To Varanasi District Court |

    NEW DELHI: In a significant development, the Archeological Survey of India (ASI) on Monday submitted its report on the scientific survey of the Gyanvapi mosque complex. ASI submitted a sealed report on the Gyanvapi Mosque survey to the Varanasi court. The ASI submitted the report before the Varanasi district Judge AK Vishvesha. On the other hand, a petition has been moved by the Anjuman Intezamia Masajid Committee (which manages Gyanvapi Mosque) seeking information about the survey report,

    It may be noted that the ASI conducted a scientific survey of the Gyanvapi complex in Varanasi as per the July 21 order of the Varanasi District Judge to determine if the mosque was constructed over a pre-existing structure of a Hindu temple.

    ASI’s advocate Amit Kumar, while speaking to reporters, said several important evidence pointing to the existence of a temple, have been found and submitted to the court. Advocate Amit Kumar said that the ASI report is very crucial and will play a decisive role in settling the Kashi Vishwanath Temple-Gyanvapi Mosque dispute between the Hindu and the Muslim sides.   

    It may be noted that the ASI had earlier requested the Varanasi District Court, seeking additional time to conclude the survey and submit its report. Varanasi District Court Judge AK Vishvesh had then fixed December 18 as the next date of hearing in the matter. It is important to note that the district court has already given several extensions in the past to the ASI to submit its survey report.

    Earlier on November 30, the district court had given 10 days and ordered the ASI to file the report within the “provided time.” Before November 30, the court had asked the ASI to submit its report on November 17, and later on November 28 to file its report.

    Importantly, on August 4, the Supreme Court refused to stop the ASI from surveying 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 would be done at the site and no damage would be caused to the structure, the court had allowed the survey to take place.

    On November 2, the ASI told the district court it had “completed” the survey but would need some more time to compile the report, along with the details of the equipment used in the survey.

    The ASI had been surveying since August 4 on the mosque premises. The survey was ordered by a Varanasi court on July 21, following a petition by four women who sought permission to pray at the Shringar Gauri Shrine which is behind the western wall of the temple.

  • Varanasi court grants ASI four more weeks to complete scientific survey of Gyanvapi mosque

    By PTI

    VARANASI: A Varanasi court on Thursday granted four more weeks to the Archaeological Survey of India to complete the scientific survey of the Gyanvapi mosque complex and submit its report, and added that the duration of the survey will not be extended beyond this.

    Government counsel Rajesh Mishra said that District Judge A K Vishvesh accepted their appeal to extend the period of the ongoing survey by four more weeks during a hearing on a plea by the Archaeological Survey of India (ASI).

    The ASI, which was to submit the report of the survey by October 6, now has time till November 6 to do the same.

    The ASI is carrying out a scientific survey of the Gyanvapi mosque premises, next to Kashi Vishwanath Temple here, to determine whether the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple.

    ALSO READ | ‘Hope that floodgates for thousand Babris will not be opened’: Owaisi on Gyanvapi ASI survey

    VARANASI: A Varanasi court on Thursday granted four more weeks to the Archaeological Survey of India to complete the scientific survey of the Gyanvapi mosque complex and submit its report, and added that the duration of the survey will not be extended beyond this.

    Government counsel Rajesh Mishra said that District Judge A K Vishvesh accepted their appeal to extend the period of the ongoing survey by four more weeks during a hearing on a plea by the Archaeological Survey of India (ASI).

    The ASI, which was to submit the report of the survey by October 6, now has time till November 6 to do the same.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    The ASI is carrying out a scientific survey of the Gyanvapi mosque premises, next to Kashi Vishwanath Temple here, to determine whether the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple.

    ALSO READ | ‘Hope that floodgates for thousand Babris will not be opened’: Owaisi on Gyanvapi ASI survey

  • Supreme Court refuses to halt ASI survey at Gyanvapi mosque, says it should be ‘non-invasive’

    Express News Service

    The Supreme Court on Friday refused to halt the ASI survey which is currently being carried at the Gyanvapi mosque in Varanasi, dismissing a plea filed by the Anjuman Intezamia Masjid Committee against the Allahabad High Court’s order allowing it.

    A bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Mishra allowed a “non-invasive survey” without causing any excavation or destruction of the mosque.

    The bench also turned down the Masjid Committee’s request to direct the ASI to submit its report to the district judge in a “sealed cover”.

    “The order of the trial judge under order 26 rule 10A CPC cannot prima facie be construed to be without jurisdiction. While recording submissions to the effect that the survey shall not involve any excavation or destruction, we also order and direct for conducting the process by using non-invasive methodology. There shall be no excavation at the site. The report of the ASI shall in terms of provisions of order 26 be remitted to the trial court,” the bench said in its order.

    ALSO READ | ASI begins survey of Gyanvapi mosque complex amid tight security

    Challenging the High Court’s order, senior advocate Huzefa Ahmadi appearing for the masjid committee said that the act of conducting the survey was contrary to the provisions of the Places of Worship Act, 1991. “When you start digging into the past, the process is such that you are uncovering the past. When you order a survey, when you see as to what existed, you’re unravelling the wounds of the past,” Ahmadi said.

    On the other hand, senior advocate Madhavi Diwan submitted that the survey was neither prejudicial nor adversarial.

    Earlier, an Allahabad HC bench led by Chief Justice Pritinker Diwaker had said the survey is necessary in the interest of justice and noted the ASI’s stand that no damage will be caused to the mosque.

    “Once the Department of Archaeology and learned Senior Counsel representing the Department have made their stand clear that no damage is going to be caused to the property in question, this Court has no reason to doubt their statements and most importantly, the affidavit filed by the officer of the ASI explaining the circumstances. Further, it is settled proposition of law that issue of a Commission, at this stage, is permissible. In the opinion of the Court, the scientific survey/investigation proposed to be carried out by the Commission, is necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and come in aid of the trial court to arrive at a just decision. The law laid down and discussed above, make it clear that the Court below was justified in passing the impugned order. The present petition lacks substance and is liable to be dismissed,” the HC had said in its order.

    Challenging the order, the Masjid Committee in the plea had said that the HC went into the nature of exercise but did not consider the sensitivity of the order passed in 2021. It was also contended that the Supreme Court’s order to protect the Wazukhana protected the whole mosque and not just the particular area.

    “The impugned order is further liable to be set aside on account of grave risks posed by such an exercise which may have consequences throughout the country, as have been witnessed throughout these proceedings since a survey of the Gyanwapi Mosque was permitted, absolutely against the provisions of the Places of Worship (Special Provisions) Act, 1991,” the plea stated.

    The Supreme Court on Friday refused to halt the ASI survey which is currently being carried at the Gyanvapi mosque in Varanasi, dismissing a plea filed by the Anjuman Intezamia Masjid Committee against the Allahabad High Court’s order allowing it.

    A bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Mishra allowed a “non-invasive survey” without causing any excavation or destruction of the mosque.

    The bench also turned down the Masjid Committee’s request to direct the ASI to submit its report to the district judge in a “sealed cover”.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    “The order of the trial judge under order 26 rule 10A CPC cannot prima facie be construed to be without jurisdiction. While recording submissions to the effect that the survey shall not involve any excavation or destruction, we also order and direct for conducting the process by using non-invasive methodology. There shall be no excavation at the site. The report of the ASI shall in terms of provisions of order 26 be remitted to the trial court,” the bench said in its order.

    ALSO READ | ASI begins survey of Gyanvapi mosque complex amid tight security

    Challenging the High Court’s order, senior advocate Huzefa Ahmadi appearing for the masjid committee said that the act of conducting the survey was contrary to the provisions of the Places of Worship Act, 1991. “When you start digging into the past, the process is such that you are uncovering the past. When you order a survey, when you see as to what existed, you’re unravelling the wounds of the past,” Ahmadi said.

    On the other hand, senior advocate Madhavi Diwan submitted that the survey was neither prejudicial nor adversarial.

    Earlier, an Allahabad HC bench led by Chief Justice Pritinker Diwaker had said the survey is necessary in the interest of justice and noted the ASI’s stand that no damage will be caused to the mosque.

    “Once the Department of Archaeology and learned Senior Counsel representing the Department have made their stand clear that no damage is going to be caused to the property in question, this Court has no reason to doubt their statements and most importantly, the affidavit filed by the officer of the ASI explaining the circumstances. Further, it is settled proposition of law that issue of a Commission, at this stage, is permissible. In the opinion of the Court, the scientific survey/investigation proposed to be carried out by the Commission, is necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and come in aid of the trial court to arrive at a just decision. The law laid down and discussed above, make it clear that the Court below was justified in passing the impugned order. The present petition lacks substance and is liable to be dismissed,” the HC had said in its order.

    Challenging the order, the Masjid Committee in the plea had said that the HC went into the nature of exercise but did not consider the sensitivity of the order passed in 2021. It was also contended that the Supreme Court’s order to protect the Wazukhana protected the whole mosque and not just the particular area.

    “The impugned order is further liable to be set aside on account of grave risks posed by such an exercise which may have consequences throughout the country, as have been witnessed throughout these proceedings since a survey of the Gyanwapi Mosque was permitted, absolutely against the provisions of the Places of Worship (Special Provisions) Act, 1991,” the plea stated.

  • Gyanvapi case: ASI survey will reopen wounds of past, mosque committee tells SC 

    By PTI

    NEW DELHI: Muslim body Anjuman Intezamia Masjid committee told the Supreme Court on Friday the ASI survey at the Gyanvapi mosque intends to go into history and will ‘reopen wounds of past’.

    Senior advocate Huzefa Ahmadi, appearing for the mosque management committee, contended before a bench headed by Chief Justice D Y Chandrachud that the exercise by the Archaeological Survey of India (ASI) is ‘digging into history’, violating the Places of Worship Act and impinging upon fraternity and secularism.

    “You can’t oppose every interlocutory order on the same ground and your objections will be decided during the course of the hearing,” said the bench, also comprising Justices J B Pardiwala and Manoj Misra.

    “The ASI survey intends to go into the history as to what happened 500 years ago. It would reopen wounds of the past,” Ahmadi said voicing displeasure over the survey ordered by the Allahabad High Court.

    During the hearing, which is underway, Ahmadi said the survey violates the Places of Worship (special provisions) Act, 1991 which prohibited change of character of religious places as they existed in 1947.

    The apex court is hearing a plea by the mosque committee against the Allahabad High Court order permitting an ASI survey at the Gyanvapi mosque.

    The high court had on Thursday dismissed a petition filed by the Gyanvapi committee challenging a district court order directing the ASI to conduct the survey to determine if the mosque was built upon a pre-existing temple.

    NEW DELHI: Muslim body Anjuman Intezamia Masjid committee told the Supreme Court on Friday the ASI survey at the Gyanvapi mosque intends to go into history and will ‘reopen wounds of past’.

    Senior advocate Huzefa Ahmadi, appearing for the mosque management committee, contended before a bench headed by Chief Justice D Y Chandrachud that the exercise by the Archaeological Survey of India (ASI) is ‘digging into history’, violating the Places of Worship Act and impinging upon fraternity and secularism.

    “You can’t oppose every interlocutory order on the same ground and your objections will be decided during the course of the hearing,” said the bench, also comprising Justices J B Pardiwala and Manoj Misra.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    “The ASI survey intends to go into the history as to what happened 500 years ago. It would reopen wounds of the past,” Ahmadi said voicing displeasure over the survey ordered by the Allahabad High Court.

    During the hearing, which is underway, Ahmadi said the survey violates the Places of Worship (special provisions) Act, 1991 which prohibited change of character of religious places as they existed in 1947.

    The apex court is hearing a plea by the mosque committee against the Allahabad High Court order permitting an ASI survey at the Gyanvapi mosque.

    The high court had on Thursday dismissed a petition filed by the Gyanvapi committee challenging a district court order directing the ASI to conduct the survey to determine if the mosque was built upon a pre-existing temple.

  • Allahabad HC reserves order for August 3, stay on ASI survey of Gyanvapi mosque

    By PTI

    PRAYAGRAJ: The Allahabad High Court on Thursday reserved till August 3 its order on a plea against the survey of Gyanvapi mosque premises by the Archeological Survey of India.

    The court also ordered the ASI to stay the survey work till then.

    Chief Justice Pritinker Diwaker heard the matter in the afternoon session and reserved his verdict till August 3.

    The high court was hearing a plea against a Varanasi district court order directing the ASI to conduct a survey to determine if the Gyanvapi mosque was built upon a temple.

    The court heard the arguments from Anjuman Intezamia Masjid, which manages the mosque, and the Hindu side. Senior ASI officials were also present in the courtroom.

    The high court on Wednesday said that it would take up the matter at 3:30 pm on Thursday, but Chief Justice Diwaker started hearing the case 15 minutes in advance and reserved its order before concluding the day’s proceedings at 5 pm.

    PRAYAGRAJ: The Allahabad High Court on Thursday reserved till August 3 its order on a plea against the survey of Gyanvapi mosque premises by the Archeological Survey of India.

    The court also ordered the ASI to stay the survey work till then.

    Chief Justice Pritinker Diwaker heard the matter in the afternoon session and reserved his verdict till August 3.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    The high court was hearing a plea against a Varanasi district court order directing the ASI to conduct a survey to determine if the Gyanvapi mosque was built upon a temple.

    The court heard the arguments from Anjuman Intezamia Masjid, which manages the mosque, and the Hindu side. Senior ASI officials were also present in the courtroom.

    The high court on Wednesday said that it would take up the matter at 3:30 pm on Thursday, but Chief Justice Diwaker started hearing the case 15 minutes in advance and reserved its order before concluding the day’s proceedings at 5 pm.

  • SC agrees to hear plea against Allahabad HC order on determining age of ‘Shivling’ at Gyanvapi

    Express News Service

    NEW DELHI: Gyanvapi mosque Management Committee has approached the Supreme Court challenging Allahabad HC’s order of allowing carbon dating of the Shivling found at the Gyanvapi Mosque premises. The Shivling was found at the Gyanvapi mosque complex last year during a video graphic survey. While the Hindu side claimed the structure to be “Shivling”, the Muslim side claimed it to be a fountain. 

    The plea was mentioned by Senior Advocate Huzefa Ahmadi before the bench led by CJI DY Chandrachud. Urging the bench to list the plea, senior counsel said, “HC has a passed an order pending the appeal. Pending the judgement being reserved, another application was made for carbon dating.” Although the bench was inclined to place the matter on Monday but then agreed to list the matter tomorrow. 

    Earlier, Hindu Parties have filed a caveat in the Supreme Court against Allahabad HCs order. The Hindu parties in the caveat had appealed SC to not pass an order without hearing them in case of an appeal being filed challenging HCs May 12 order. 

    Justice Arvind Kumar on May 12 while considering a civil revision filed by Laxmi Devi and four others had set aside lower court’s October 14, 2022 order and had also directed the Archaeological Survey of India (ASI) to appear before Varanasi District Judge on May 22 and thus do the needful for undertaking scientific investigation of “Shivling” found at the Gyanvapi Mosque premises. 

    Directed for not only “scientific investigation” but also carbon dating of the Shivling. Pursuant to perusing the original 52-page report submitted by Superintending Archaeologist, ASI, HC also directed Additional Solicitor General (ASG) of India Shashi Prakash Singh “to issue suitable directions to the concerned authority” of the ASI to appear before the Trial Judge /District Judge, Varanasi, on May 22.

    “While proceeding in the matter and viewing the things from that angle, the overall impression that trickles out from the careful perusal of the report of the Archaeological Survey of India indicates, to all intents and purposes, that scientific investigation of the site can be suitably carried out without causing harm to the site/Shivlingam in issue as such it can be concluded that the Shivlimgam/site would remain preserved and protected even after the scientific investigation for determining the age, nature and status of the site/Shivlingam is done,” the HC said. 

    It further said, “It is directed that the Trial Judge/District Judge, Varanasi will proceed further with the case and scientific investigation of the site/Shivlingam shall be directed to be done under aegis and guidance of the Archaeological Survey of India to the extent and import as observed hereinabove in this order and the entire exercise shall be done under direction and supervision of the trial court and all consequential necessary directions shall be passed/issued in that regard by it.”

    NEW DELHI: Gyanvapi mosque Management Committee has approached the Supreme Court challenging Allahabad HC’s order of allowing carbon dating of the Shivling found at the Gyanvapi Mosque premises. The Shivling was found at the Gyanvapi mosque complex last year during a video graphic survey. While the Hindu side claimed the structure to be “Shivling”, the Muslim side claimed it to be a fountain. 

    The plea was mentioned by Senior Advocate Huzefa Ahmadi before the bench led by CJI DY Chandrachud. Urging the bench to list the plea, senior counsel said, “HC has a passed an order pending the appeal. Pending the judgement being reserved, another application was made for carbon dating.” Although the bench was inclined to place the matter on Monday but then agreed to list the matter tomorrow. 

    Earlier, Hindu Parties have filed a caveat in the Supreme Court against Allahabad HCs order. The Hindu parties in the caveat had appealed SC to not pass an order without hearing them in case of an appeal being filed challenging HCs May 12 order. googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    Justice Arvind Kumar on May 12 while considering a civil revision filed by Laxmi Devi and four others had set aside lower court’s October 14, 2022 order and had also directed the Archaeological Survey of India (ASI) to appear before Varanasi District Judge on May 22 and thus do the needful for undertaking scientific investigation of “Shivling” found at the Gyanvapi Mosque premises. 

    Directed for not only “scientific investigation” but also carbon dating of the Shivling. Pursuant to perusing the original 52-page report submitted by Superintending Archaeologist, ASI, HC also directed Additional Solicitor General (ASG) of India Shashi Prakash Singh “to issue suitable directions to the concerned authority” of the ASI to appear before the Trial Judge /District Judge, Varanasi, on May 22.

    “While proceeding in the matter and viewing the things from that angle, the overall impression that trickles out from the careful perusal of the report of the Archaeological Survey of India indicates, to all intents and purposes, that scientific investigation of the site can be suitably carried out without causing harm to the site/Shivlingam in issue as such it can be concluded that the Shivlimgam/site would remain preserved and protected even after the scientific investigation for determining the age, nature and status of the site/Shivlingam is done,” the HC said. 

    It further said, “It is directed that the Trial Judge/District Judge, Varanasi will proceed further with the case and scientific investigation of the site/Shivlingam shall be directed to be done under aegis and guidance of the Archaeological Survey of India to the extent and import as observed hereinabove in this order and the entire exercise shall be done under direction and supervision of the trial court and all consequential necessary directions shall be passed/issued in that regard by it.”

  • Gyanvapi issue: Pleas of four Hindu women plaintiffs to be shifted to Varanasi district court

    Express News Service

    LUCKNOW: In a major decision, Varanasi District Court Judge Dr Ajay Krishna Vishvesha on Monday accepted the plea of four Hindu women plaintiffs in suit no. 18/2022 (Rakhi Singh vs state of UP and others) seeking transfer of seven cases related to the Gyanvapi-Shringar Gauri issue from various courts to his court. As per district government counsel (civil) Mahendra Prasad Pandey, the district judge ordered to transfer seven cases related to Gyanvapi mosque issue to his court by accepting the plea of plaintiffs 2 to 5 (Laxmi Devi, Sita Sahu, Manju Vyas and Rekha Pathak) where they had sought regular worship of Maa Shringar Gauri and other deities on the Gyanvapi mosque premises.

    In his order, district judge Dr Ajay Krishna Vishvesha also mentioned that after the transfer of the seven Gyanvapi related cases pending in different civil courts to his court, the issue of their consolidation would be examined to ascertain whether it would be relevant or not. The next date for hearing in the case was posted on April 21.

    ALSO READ | In UP badlands, will Atiq’s killing see new breed of criminals who seek fame by targeting bigger fish?

    Advocate Vishnu Shankar Jain representing four women plaintiffs had moved an application on December 5, 2022 for transfer of seven cases including the one filed by Bhagwan Aadi Vishweshwar Viraajman through next friend Kiran Singh and others pending with civil judge (senior division) Fast Track Court and other six cases to the district judge court.

    Jain, in his application, had mentioned that those six cases pending in the court of civil judge (senior division) and the one in fast-track court of the civil judge (senior division) were of similar nature, hence if they were tried together, it would save both the public time and money along with avoiding other legal challenges.

    However, Shivam Gaur, the advocate of plaintiff-1 Rakhi Singh and Anjuman Intejamia Masajid (AIM) — the Gyanvapi mosque management committee — had strongly opposed the application to club all the petitions in their arguments which were completed on February 22 when the court had reserved its order. However, when contacted, Gaur said that he was satisfied with the order of the court as it had ordered for only their transfer from other courts to his court so far and not for consolidating them.

    LUCKNOW: In a major decision, Varanasi District Court Judge Dr Ajay Krishna Vishvesha on Monday accepted the plea of four Hindu women plaintiffs in suit no. 18/2022 (Rakhi Singh vs state of UP and others) seeking transfer of seven cases related to the Gyanvapi-Shringar Gauri issue from various courts to his court. As per district government counsel (civil) Mahendra Prasad Pandey, the district judge ordered to transfer seven cases related to Gyanvapi mosque issue to his court by accepting the plea of plaintiffs 2 to 5 (Laxmi Devi, Sita Sahu, Manju Vyas and Rekha Pathak) where they had sought regular worship of Maa Shringar Gauri and other deities on the Gyanvapi mosque premises.

    In his order, district judge Dr Ajay Krishna Vishvesha also mentioned that after the transfer of the seven Gyanvapi related cases pending in different civil courts to his court, the issue of their consolidation would be examined to ascertain whether it would be relevant or not. The next date for hearing in the case was posted on April 21.

    ALSO READ | In UP badlands, will Atiq’s killing see new breed of criminals who seek fame by targeting bigger fish?googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    Advocate Vishnu Shankar Jain representing four women plaintiffs had moved an application on December 5, 2022 for transfer of seven cases including the one filed by Bhagwan Aadi Vishweshwar Viraajman through next friend Kiran Singh and others pending with civil judge (senior division) Fast Track Court and other six cases to the district judge court.

    Jain, in his application, had mentioned that those six cases pending in the court of civil judge (senior division) and the one in fast-track court of the civil judge (senior division) were of similar nature, hence if they were tried together, it would save both the public time and money along with avoiding other legal challenges.

    However, Shivam Gaur, the advocate of plaintiff-1 Rakhi Singh and Anjuman Intejamia Masajid (AIM) — the Gyanvapi mosque management committee — had strongly opposed the application to club all the petitions in their arguments which were completed on February 22 when the court had reserved its order. However, when contacted, Gaur said that he was satisfied with the order of the court as it had ordered for only their transfer from other courts to his court so far and not for consolidating them.

  • Gyanvapi case: Court to hear plea seeking worship of ‘Shivling’ in mosque complex

    By ANI

    VARANASI: The Varanasi Fast Track Court on Thursday dismissed the Anjuman Islamia Masjid committee’s plea challenging the maintainability of a suit to hand over possession of the Gyanvapi Mosque premises to the Hindu side.

    The Court deferred the petition for the next hearing on December 2.

    The court was hearing the petition on the plea seeking worship rights of the ‘Shivling’ that the Hindu side claimed to be found on the Gyanvapi mosque premises.

    Vishwa Vedic Sanatan Sanstha had also filed a separate petition in the fast track court of Varanasi after the alleged Shivling was found. The petition was filed by Kiran Singh, wife of Vishwa Vedic Sanatan Sanstha President Jitendra Singh Vishen and others.

    The demands of the Hindu side include permission for the immediate beginning of prayer of Swayambhu Jyotirlinga Bhagwan Vishweshwar, the handing over of the entire Gyanvapi complex to the Hindus, and banning the entry of Muslims inside the premises of the Gyanvapi complex.

    In this case, the court under Order 7/Rule 11, said that “this matter is not maintainable.”

    “Varanasi Court dismisses the plea filed by the Masjid committee challenging the maintainability of the suit in the Gyanvapi Mosque case. The next hearing is on December 1,” said Anupam Dwivedi, Advocate Hindu side.

    The Muslim side is allowed to offer prayers on the premises till the matter is in court.

    The Supreme Court on November 11 extended its earlier order to protect the area where the ‘Shivling’ was stated to be discovered at the Gyanvapi Mosque complex during the court survey.ALSO READ | Ensure safety of Gyanvapi ‘Shivling’: Supreme Court

    During the previous hearings in the Varanasi court, it had refused to allow a ‘scientific investigation’ of the purported ‘Shivling’.

    The Hindu side had demanded carbon dating of the structure they claimed to be a Shivling found inside the Gyanvapi Mosque’s wazukhana.

    However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application in the Varanasi District Court on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

    The Hindu side said that they would approach the Supreme Court against the Varanasi court’s verdict refusing to allow a ‘scientific investigation’ of the purported ‘Shivling’, claiming to be found on the Gyanvapi mosque premises.

    On September 29 hearing, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

    Referring to the order of May 17 of the Supreme Court, the Varanasi Court had said that “If the alleged Shivling is damaged by taking samples, then it will be in violation of the order of the Supreme Court”.

    “If the Shivling is damaged, the religious sentiments of the general public can also get hurt”, the Varanasi Court had said.

    Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

    After hearing both sides’ arguments, the court reserved the order in the Gyanvapi Mosque-Shringar Gauri case.

    On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.READ| Gyanvapi row: The Future of the Past

    VARANASI: The Varanasi Fast Track Court on Thursday dismissed the Anjuman Islamia Masjid committee’s plea challenging the maintainability of a suit to hand over possession of the Gyanvapi Mosque premises to the Hindu side.

    The Court deferred the petition for the next hearing on December 2.

    The court was hearing the petition on the plea seeking worship rights of the ‘Shivling’ that the Hindu side claimed to be found on the Gyanvapi mosque premises.

    Vishwa Vedic Sanatan Sanstha had also filed a separate petition in the fast track court of Varanasi after the alleged Shivling was found. The petition was filed by Kiran Singh, wife of Vishwa Vedic Sanatan Sanstha President Jitendra Singh Vishen and others.

    The demands of the Hindu side include permission for the immediate beginning of prayer of Swayambhu Jyotirlinga Bhagwan Vishweshwar, the handing over of the entire Gyanvapi complex to the Hindus, and banning the entry of Muslims inside the premises of the Gyanvapi complex.

    In this case, the court under Order 7/Rule 11, said that “this matter is not maintainable.”

    “Varanasi Court dismisses the plea filed by the Masjid committee challenging the maintainability of the suit in the Gyanvapi Mosque case. The next hearing is on December 1,” said Anupam Dwivedi, Advocate Hindu side.

    The Muslim side is allowed to offer prayers on the premises till the matter is in court.

    The Supreme Court on November 11 extended its earlier order to protect the area where the ‘Shivling’ was stated to be discovered at the Gyanvapi Mosque complex during the court survey.ALSO READ | Ensure safety of Gyanvapi ‘Shivling’: Supreme Court

    During the previous hearings in the Varanasi court, it had refused to allow a ‘scientific investigation’ of the purported ‘Shivling’.

    The Hindu side had demanded carbon dating of the structure they claimed to be a Shivling found inside the Gyanvapi Mosque’s wazukhana.

    However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application in the Varanasi District Court on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

    The Hindu side said that they would approach the Supreme Court against the Varanasi court’s verdict refusing to allow a ‘scientific investigation’ of the purported ‘Shivling’, claiming to be found on the Gyanvapi mosque premises.

    On September 29 hearing, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

    Referring to the order of May 17 of the Supreme Court, the Varanasi Court had said that “If the alleged Shivling is damaged by taking samples, then it will be in violation of the order of the Supreme Court”.

    “If the Shivling is damaged, the religious sentiments of the general public can also get hurt”, the Varanasi Court had said.

    Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

    After hearing both sides’ arguments, the court reserved the order in the Gyanvapi Mosque-Shringar Gauri case.

    On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.READ| Gyanvapi row: The Future of the Past

  • Gyanvapi case: Court postpones judgment on plea seeking ‘Shivling’ worship till Nov17

    By PTI

    VARANASI: A fast-track court on Monday postponed till November 17 its judgment on a plea seeking permission to allow the worship of a “Shivling” claimed to have been found inside the Gyanvapi mosque complex here.

    Civil Judge (senior division) Mahendra Pandey postponed the judgment till November 17, Assistant District Government Counsel Sulabh Prakash said.

    After hearing the arguments of both sides to the dispute, the court had, on October 27, reserved its order on the suit for November 8. As the judge was on leave on November 8, the matter was posted for Monday.

    On May 24, plaintiff Kiran Singh, general secretary of the Vishwa Vedic Sanatan Sangh, filed the suit in the Varanasi district court, seeking a ban on the entry of Muslims into the Gyanvapi complex, handing over of the complex to the Sanatan Sangh and permission to offer prayers to the “Shivling.”

    On May 25, District Judge A K Vishvesh ordered the transfer of the suit to the fast-track court.

    The Varanasi district magistrate, the police commissioner, the Anjuman Intezamia Committee, which manages the affairs of the Gyanvapi mosque, and the Vishwanath Temple Trust were made respondents in the suit.

    On April 26, a lower court (civil judge-senior division) that was earlier hearing a plea moved by a group of women seeking permission for the daily worship of the idols of the Hindu deities on the mosque’s outer walls had ordered a videographic survey of the Gyanvapi complex.

    The Hindu side had claimed that a “Shivling” was found inside the mosque complex during the exercise.

    However, the Muslim side has maintained that the structure was part of the fountain mechanism at the “wazookhana” reservoir, where devotees carry out ritual ablutions before offering “namaz.”

    The Supreme Court transferred the case from the civil judge senior division to the district judge on May 20 and observed that looking at the “complexities” and “sensitivity” of the issue, it is better if a senior judicial officer with an experience of more than 25-30 years handles the case.

    The district judge is hearing another plea that has demanded a survey of the closed underground places on the Gyanvapi premises.READ | Gyanvapi row: The Future of the Past

    VARANASI: A fast-track court on Monday postponed till November 17 its judgment on a plea seeking permission to allow the worship of a “Shivling” claimed to have been found inside the Gyanvapi mosque complex here.

    Civil Judge (senior division) Mahendra Pandey postponed the judgment till November 17, Assistant District Government Counsel Sulabh Prakash said.

    After hearing the arguments of both sides to the dispute, the court had, on October 27, reserved its order on the suit for November 8. As the judge was on leave on November 8, the matter was posted for Monday.

    On May 24, plaintiff Kiran Singh, general secretary of the Vishwa Vedic Sanatan Sangh, filed the suit in the Varanasi district court, seeking a ban on the entry of Muslims into the Gyanvapi complex, handing over of the complex to the Sanatan Sangh and permission to offer prayers to the “Shivling.”

    On May 25, District Judge A K Vishvesh ordered the transfer of the suit to the fast-track court.

    The Varanasi district magistrate, the police commissioner, the Anjuman Intezamia Committee, which manages the affairs of the Gyanvapi mosque, and the Vishwanath Temple Trust were made respondents in the suit.

    On April 26, a lower court (civil judge-senior division) that was earlier hearing a plea moved by a group of women seeking permission for the daily worship of the idols of the Hindu deities on the mosque’s outer walls had ordered a videographic survey of the Gyanvapi complex.

    The Hindu side had claimed that a “Shivling” was found inside the mosque complex during the exercise.

    However, the Muslim side has maintained that the structure was part of the fountain mechanism at the “wazookhana” reservoir, where devotees carry out ritual ablutions before offering “namaz.”

    The Supreme Court transferred the case from the civil judge senior division to the district judge on May 20 and observed that looking at the “complexities” and “sensitivity” of the issue, it is better if a senior judicial officer with an experience of more than 25-30 years handles the case.

    The district judge is hearing another plea that has demanded a survey of the closed underground places on the Gyanvapi premises.READ | Gyanvapi row: The Future of the Past

  • HC admits plea against lower court’s refusal for carbon dating of ‘shivling’ found on Gyanvapi premises

    By Express News Service

    LUCKNOW: Admitting the plea against the Varanasi district court order rejecting the demand of carbon dating and scientific investigation of the purported ‘shivling’, claimed to have been found during a court-mandated survey of Gyanvapi complex on May 16, the Allahabad High Court sought the response of Archaeological Survey of India (ASI) over it besides issuing notices Anjuman Intezamia Masajid – the management committee of Gyanvapi mosque, the district authorities and others in the matter on Friday.

    In the petition, filed by one of the Hindu plaintiffs Laxmi Devi, part of the litigation over the worship rights of Shrinagar Gauri on mosque premises, also demanded a ground-penetrating radar (GPR) survey of the area concerned. 

    Justice JJ Munir issued a notice in the matter and listed it for further hearing on November 21.

    The dispute began when Hindu devotees approached a Varanasi court seeking the right to worship on Gyanvapi Mosque premises, claiming that it was a Hindu temple and still houses Hindu deities.

    The plea moved by the petitioner in the lower court had sought the appointment of experts from the Archaeological Survey of India (ASI) to find out the age and nature of the purported ‘shivling’.

    The Varanasi district judge on October 14, 2022, had dismissed the application saying that any scientific survey would be a violation of the order of the Supreme Court which had directed to secure the area where the purported ‘shivling’ had been found. The Varanasi district court judge Dr AK Vishvesha had rejected the petition seeking a scientific investigation of purported Shivlinga saying the exercise could damage the structure.

    The order of the Varanasi district court was challenged before the High Court on the ground that it was wrongly presumed that a scientific investigation in the form of carbon dating or use of a ground penetrating radar would harm or damage the object.

    According to the petitioner, it was presumed by the Varanasi court, without any material on record, that any harm or damage might be caused to the ‘shivling’, which is an article of faith for several crores of devotees of Lord Shiva.

    According to the petitioner, the court was of the opinion that if ground penetrating radar (GPR) was allowed or any type of scientific investigation or carbon dating was conducted, it may cause harm to the structure concerned. 

    The petitioner added that there was no prayer in the application for scientific investigation that would be harmful, and further stated that ASI had sufficient means to investigate the object without damaging it. 

    Underlining that one of the opposite parties described the object as a fountain, the plea alleged that the lower court wrongly held that questions involved in the suit do not require ASI investigation and stated that a scientific investigation was necessary to ensure proper adjudication of the controversy.

    The petitioners were represented by Advocates Hari Shankar Jain, Vishnu Shankar Jain and Prabhash Pandey.

    LUCKNOW: Admitting the plea against the Varanasi district court order rejecting the demand of carbon dating and scientific investigation of the purported ‘shivling’, claimed to have been found during a court-mandated survey of Gyanvapi complex on May 16, the Allahabad High Court sought the response of Archaeological Survey of India (ASI) over it besides issuing notices Anjuman Intezamia Masajid – the management committee of Gyanvapi mosque, the district authorities and others in the matter on Friday.

    In the petition, filed by one of the Hindu plaintiffs Laxmi Devi, part of the litigation over the worship rights of Shrinagar Gauri on mosque premises, also demanded a ground-penetrating radar (GPR) survey of the area concerned. 

    Justice JJ Munir issued a notice in the matter and listed it for further hearing on November 21.

    The dispute began when Hindu devotees approached a Varanasi court seeking the right to worship on Gyanvapi Mosque premises, claiming that it was a Hindu temple and still houses Hindu deities.

    The plea moved by the petitioner in the lower court had sought the appointment of experts from the Archaeological Survey of India (ASI) to find out the age and nature of the purported ‘shivling’.

    The Varanasi district judge on October 14, 2022, had dismissed the application saying that any scientific survey would be a violation of the order of the Supreme Court which had directed to secure the area where the purported ‘shivling’ had been found. The Varanasi district court judge Dr AK Vishvesha had rejected the petition seeking a scientific investigation of purported Shivlinga saying the exercise could damage the structure.

    The order of the Varanasi district court was challenged before the High Court on the ground that it was wrongly presumed that a scientific investigation in the form of carbon dating or use of a ground penetrating radar would harm or damage the object.

    According to the petitioner, it was presumed by the Varanasi court, without any material on record, that any harm or damage might be caused to the ‘shivling’, which is an article of faith for several crores of devotees of Lord Shiva.

    According to the petitioner, the court was of the opinion that if ground penetrating radar (GPR) was allowed or any type of scientific investigation or carbon dating was conducted, it may cause harm to the structure concerned. 

    The petitioner added that there was no prayer in the application for scientific investigation that would be harmful, and further stated that ASI had sufficient means to investigate the object without damaging it. 

    Underlining that one of the opposite parties described the object as a fountain, the plea alleged that the lower court wrongly held that questions involved in the suit do not require ASI investigation and stated that a scientific investigation was necessary to ensure proper adjudication of the controversy.

    The petitioners were represented by Advocates Hari Shankar Jain, Vishnu Shankar Jain and Prabhash Pandey.