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Allahabad High Court Dismisses Petition; Allows Hindu prayers in Gyanvapi Cellar

February 26, 2024, 10:56 am

Dismissing a petition challenging a Varanasi court order allowing Hindu parties to conduct puja in the ‘vyas tehkhana’ of the Gyanvapi complex, the Allahabad High Court on Monday allowed the puja to continue. The Varanasi district court had on January 31 ruled that a priest, Shailendra Kumar Pathak, has the right to offer prayers in the southern cellar of the mosque.

Pathak, a hereditary pujari, sought permission to enter the tahkhana and resume pooja, following his grandfather’s prayers until December 1993. One of the cellars in the mosque’s basement still belongs to the Vyas family.

The Varanasi district court’s decision came a day after the Archaeological Survey of India (ASI) released a report on the mosque complex. The ASI survey, ordered by the same court, suggested the mosque’s construction during Aurangzeb’s rule over the remains of a Hindu temple.

The mosque committee disputed the petitioner’s version, claiming no idols existed in the cellar, refuting the possibility of prayers there until 1993. On February 2, shortly after the Supreme Court rejected their plea against the district court’s order, the committee approached the Allahabad High Court, which reserved its decision after hearing both parties on February 15.

Vyas family welcomes verdict of Varanasi court on Gyanvapi mosque

February 1, 2024, 1:18 pm

In response to the Varanasi court’s decision allowing Hindu devotees to perform prayers in the sealed basement of the Gyanvapi mosque premises, Jitendra Nath Vyas expressed his happiness for gaining permission to resume puja in the mosque adjacent to the Kashi Vishwanath Temple in Varanasi. Jitendra Nath Vyas, a member of the Vyas family, said, “We are very happy that we have got the permission to resume puja there.”

The Varanasi court granted permission for Hindu devotees to offer prayers inside the ‘Vyas Ka Tekhana’ area within the Gyanvapi mosque complex. Vyas mentioned that priests, along with members of the Vyas family, performed puja in the basement in the presence of district officials. He stated, “At the time of the puja (yesterday), five priests of the (Kashi Vishwanath) temple trust, members of the Vyas family, Varanasi DM, and Commissioner were present there.”

Advocate Vishnu Shankar Jain, representing the Hindu side, indicated that the puja would commence within seven days, with the right for everyone to participate. He mentioned, “Hindu side is allowed to offer prayers at ‘Vyas Ka Tekhana’. The District Administration will have to make arrangements within 7 days.”

In response to the court’s decision, Muslim side lawyer Akhlaq Ahmed stated their intention to approach the Allahabad High Court to challenge the ruling. He argued, “The order has overlooked the Advocate Commissioner report of 2022, ASI’s report, and the decision of 1937, which was in our favour. The Hindu side has not placed any evidence that prayers were held before 1993. There is no such idol in the place.”

AIMIM president Asaduddin Owaisi criticized the Varanasi Court’s decision, claiming it violated the Places of Worship Act. He pointed out the circumstances surrounding the judge’s retirement and questioned the judge’s assertion that no prayers had occurred since 1993, asserting that this information is a violation of the Places of Worship Act.

Cleaning of ‘Wazukhana’ section of Gyanvapi Mosque begins under tight security

January 20, 2024, 10:18 am

The cleaning of the Wazukhana area of the Gyanvapi Mosque commenced on Saturday with stringent security measures enforced by district officials. The Supreme Court had granted approval to an application from Hindu women petitioners, directing the cleaning of the entire ‘wazukhana’ area of the Gyanvapi mosque, where an alleged ‘Shivling’ was discovered, with an emphasis on maintaining hygienic conditions.

Under heavy police deployment, cleaning workers underwent identity checks before entering the mosque. Sudhir Tripathi, an advocate representing the Hindu side, stated, “We had demanded in the Supreme Court that the Wazukhana, which had become very dirty, should be cleaned. The order came on January 16, so today it is being cleaned. People from both sides will be present even today. The entire work will be done under the supervision of the District Magistrate.”

A meeting led by the District Magistrate took place in Varanasi on Thursday, involving representatives from both Hindu and Muslim sides, to discuss the cleaning process. The DM announced, “Cleaning of Wazukhana was ordered by the court. Talks have been held with both parties in that regard. Its cleaning will start from January 20.”

Subhash Nandan Chaturvedi, an advocate representing the Hindu side in the Gyanvapi Shringar Gauri case, reported that the meeting was conducted peacefully, addressing the cleaning of the Wazukhana. He mentioned the presence of both sides, along with district officials, in the meetings.

The Supreme Court, comprising Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, directed that the ‘wazukhana’ area should be cleaned under the supervision of the district administration in Varanasi, in accordance with previous court orders.

The Gyanvapi mosque management committee expressed support for cleaning the sealed water tank, complying with the apex court’s orders for nearly two years. The ‘Wazukhana’ serves as the reservoir for ablutions before offering namaz.

The application submitted to the court highlighted the death of fishes in the water tank between December 12 to 25, 2023, leading to a putrid smell. It emphasized the need for cleanliness, especially around the sacred Shivlingam, which is significant to Hindus. The application stated, “Since there exists Shivlingam which is sacred to Hindus and should be kept away from all dirt, grime, dead animals, etc. and must be in clean condition, is currently in the midst of dead fish which is hurtful to the sentiments to the devotees of Lord Shiva.”

SC Nod For Cleaning the Wazukhana of Gyanvapi Mosque

January 16, 2024, 4:58 pm

The Supreme Court today give a green signal to the women petitioners seeking direction for cleaning the area of ‘wazukhana’ of Gyanvapi mosque where the alleged ‘Shivling’ was found and maintaining hygienic condition.

A bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra allowed and said that area of ‘wazukhana’ shall be cleaned under the supervision of district administration Varanasi, having regard to the previous orders of the apex court. Informing that Wazukhana is the reservoir where devotees perform ablutions before offering namaz.

However, the applications stated that several fishes died in the water tank and due to the same there is a putrid smell emitting from it.

The area of wazukhana was sealed in 2022 on the order of Supreme Court after the discovery of what was said to be a Shivling. There was verbal clash as the Muslim side considered it tp be a “fountain” whereas the Hindu side is considered to be a Shivling.

ASI likely to submit the Gyanvapi survey report in Varanasi court today

December 11, 2023, 10:53 am

The Archaeological Survey of India (ASI) is expected to submit the findings of its scientific survey of the Gyanvapi mosque to the Varanasi court on Monday. The ASI was given 10 days to file the report within the “provided time” by the court on November 30. Earlier, the Court had requested that it turn in its survey report by November 17. Subsequently, ASI was given until November 28 to submit its report. Throughout the survey’s 100 days, the ASI has requested multiple extensions. The survey had ended over a month ago, and the ASI had requested an extension to submit its report.

The last extension was on November 18, when the ASI asked for another 15 days. The court had allowed it 10 days. The ASI had been conducting the survey since August 4 on the mosque premises. It leaves out the Wuzukhana area, which has been sealed by the orders of the Supreme Court.
On November 2, the ASI told the 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 court had granted additional time till November 17 for submitting the document. 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.
Earlier, in August this year, the Allahabad High Court allowed the Archaeological Survey of India to conduct a survey of the Gyanvapi mosque complex in Varanasi.

UP Deputy CM Hails High Court’s Green Light for Gyanvapi Mosque ASI Survey

August 3, 2023, 1:44 pm

Uttar Pradesh’s Deputy Chief Minister, Keshav Prasad Maurya, warmly embraced the Allahabad High Court’s decision permitting the Archaeological Survey of India (ASI) to investigate the Gyanvapi Mosque area. He expressed his optimism that the ASI’s examination will shed light on the truth, resolving the Gyanvapi case much like the Ramjanambhoomi dispute. This decision dismissed the Anjuman Intezamia Masjid Committee’s plea against the ASI survey of the mosque complex near the Kashi Vishwanath temple in Varanasi.

Senior advocate Harishankar Jain supported the verdict, saying that the ASI’s fact-finding mission will unravel the truth. He firmly believes in the existence of a hidden ‘shivling’ under the mosque’s main dome and predicts the site’s future transformation into a grand temple.

In contrast, Maulana Khalid Rasheed Farangi Mahali of the All India Muslim Personal Law Board (AIMPLB) urged that the Places of Worship Act be applied to all worship sites in the nation. He voiced hopes for justice, reminding that the mosque has been a site of worship for Muslims for six centuries. On the Hindu side, petitioner Rekha Pathak celebrated this verdict as a triumph for the Hindu community and eagerly anticipates the survey’s truth-revealing outcome.

Following the verdict, Varanasi’s District Magistrate, S Rajalingam, pledged administrative support for the ASI’s survey. The Supreme Court earlier ruled that the survey could proceed after 5 pm on July 26, providing the Muslim side with a window to approach the Allahabad High Court. Senior advocate Huzefa Ahmadi had previously requested a halt to the ASI survey, pointing to the Supreme Court’s stay on the carbon dating of a structure identified as a ‘shivling’ by the Hindu faction.

SC defers HC’s order of ‘scientific survey’ for determining age of ‘Shivling’ of Gyanvapi Mosque

May 19, 2023, 4:27 pm

The Supreme Court on Friday deferred the “scientific survey”, including carbon dating, of the “Shivling” said to have been found at the Gyanvapi mosque complex in Varanasi during a videographic survey last year.

Supreme Court said, “Since the implications of the Allahabad High Court order that allowed carbon dating of the “Shivling” merit closer scrutiny, the implementation of the directions concerned in the order shall stand deferred till the next date.” During the survey, a structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16 last year during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple

The High Court on May 12 set aside the Varanasi District judge’s order which had rejected the application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022.The High Court directed the Varanasi District judge to proceed, in accordance with the law, on the application by the Hindu worshippers for conducting a scientific probe of the “Shivling”.Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the order lower court order.

Gyanvapi-Kashi Vishwanath case: SC hears Muslim side plea for ‘Wuzu’ on 14 April

April 10, 2023, 1:45 pm

The Supreme Court on Monday agrees to hear on April 14 a fresh plea by the Muslim side in the Gyanvapi mosque-Kashi Vishwanath Temple dispute matter in Varanasi seeking alternative arrangement for ‘Wuzu’ or purification where the Shivling was reportedly located, in view of more rush during Ramzan.
The petition will be heard on April 14 by a bench of Chief Justices of India DY Chandrachud, PS Narasimha, and JB Pardiwala. Senior Muslim counsel Huzefa Ahmadi brought the subject before the bench for an urgent hearing, stating that the court decision had previously said that suitable provisions should be made.

Arrangements have not yet been made because there are more worshippers owing to Ramzan, Ahmadi informed the bench, adding that they are demanding that arrangements be made for ‘Wuzu’.
He asked the Supreme Court to hear the case today, but the CJI stated it will be heard on April 14.
The top court allowed the Muslim side to file a plea before it on Thursday last week about their request to carry out the practise of ‘Wuzu’ inside the mosque premises during the month of Ramzan.
The bench then stated that it will hear the case on April 14 after Ahmadi stated that during the month of Ramzan, worshippers should be entitled to perform ‘Wuzu’ inside the grounds.

The ‘Wuzu’ region of the Gyanvapi mosque is at the heart of the Gyanvapi mosque-Kashi Vishwanath temple conflict between Hindus and Muslims, since the Hindus say a ‘Shivling’ has been discovered there, while the Muslim side claims it is merely a water fountain.
The Supreme Court has heard an appeal filed by the Committee against an order of the Allahabad High Court allowing a court-appointed commissioner to inspect, survey, and film the Gyanvapi mosque, where Hindus and Muslims have claimed the right to worship.

On May 20, 2022, the Supreme Court ruled that the case involving worship at Gyanvapi mosque be transferred from the civil judge to the Varanasi district judge. On May 17, 2022, the Supreme Court issued an interim injunction directing authorities to protect the ‘Wuzu’ region where the ‘Shivling’ was discovered and granting Muslims access for namaz.

Gyanvapi case next hearing to be held on 21 December

December 19, 2022, 2:40 pm

The hearing of the Gyanvapi case has been postponed which was scheduled to be held on Monday. Due to the condolence meeting the hearing has been postponed. Meanwhile, the hearing will be held on 21 December 2022.

Plea seeking the worship of ‘Shivling’ in Gyanvapi mosque postponed by Varanasi court

November 8, 2022, 1:49 pm

The plea seeking worship of the ‘Shivling’ that the Hindu side claimed to be found on the Gyanvapi mosque premises has been postponed by a Varanasi court to November 14.

The plea was scheduled to be heard today, but it is adjourned as the concerned judge would not sit in the court today. The court was expected to rule on the plaintiff’s three primary demands, which were to grant permission for Swayambhu Jyotirlinga Bhagwan Vishweshwar to immediately begin offering prayers, turn over the entire Gyanvapi complex to Hindus, and forbid Muslims from entering the Gyanvapi complex’s grounds.

The Muslim side is allowed to offer prayers at present, as per the reports.The scientific investigation of the purported ‘Shivling’ was refused by the Varanasi court in the previous hearing.

The Hindu side had asked for carbon dating of the object inside the wazukhana of the Gyanvapi Mosque that they believed to be a Shivling.
The discovered building, according to the Muslim side, was a “fountain,” though. On September 22, the Hindu side had filed a request with the Varanasi District Court asking for a carbon dating of the artefact they claimed to be the “Shivling.”
The Hindu side said that they would appeal the Varanasi court’s decision not to permit a “scientific investigation” of the alleged “Shivling,” which they claimed to have discovered on the grounds of the Gyanvapi mosque, to the Supreme Court.

The Varanasi court said, “It would not be proper to order the survey of Archaeological Survey of India (ASI) and by giving such order the age, nature, and structure of the said Shivling is known, even this does not imply the possibility of a just solution”.

Advocate Vishnu Jain, representing the side in the Gyanvapi case, “Court has rejected our demand of seeking carbon dating. We’ll move to Supreme Court against this order and challenge it there. I cannot announce the date as of now, but we’ll soon challenge this order in Supreme Court.”

“Though the court has rejected the demand of requesting carbon dating, the option of going to the High Court is available, and the Hindu side will make their argument before the High Court as well,” said Madan Mohan Yadav, another attorney for the Hindu side.
The Varanasi Court had stated that “if the claimed Shivling is damaged by taking samples, then it will be in violation of the judgement of the Supreme Court” in reference to the Supreme Court’s ruling from May 17.

The Varanasi Court had stated that “if the Shivling is harmed, the religious feelings of the general people can also get injured.”
The age of an archaeological object or find can be determined scientifically using carbon dating.