[Gyanvapi Case] Mosque Management committee objects to 'scientific probe' of shivlinga; next hearing on October 14

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Synopsis

It is Hindu side's claim that the structure found at Gyanvapi is a Shivlinga, however, the mosque management committee has argued that it is a fountain.

In the Gyanvapi case before the Varanasi Court, the Anjuman Intezamia Masjid Committee Varanasi today objected to the plea moved by the Hindu side seeking scientific investigation (maybe carbon dating as well) of the Shivlinga-like structure found during the court-ordered survey of the complex.

The committee which handles the management of Gyanvapi has objected to the scientific investigation of the alleged Shivlinga stating that it lies in the prohibited area. 

The matter is being heard before the court of District Judge AK Vishvesh. Today, court adjourned the matter till October 14. The verdict in the instant plea is likely to tabled on the same day.

On September 22, in the instant application, the court had issued notice to the Muslim side directing it to file their objections to the plea, if any. The matter was again heard on September 29 & October 7 and the order was expected to come today. 

On May 16, 2022, during a survey by the court-appointed commission, a Shivlinga like structure was found inside the Wazookhana of the mosque complex. The Hindu side alleged that this was a significant evidence of the claim that the mosque was built by razing the old temple of lord Vishweshwar of Kashi.

However, the Muslim side claimed that the structure was a fountain that was not in use currently. 

On the same day, Civil Judge (Senior Division) Ravi Kumar Diwakar passed an order to seal the disputed site at the complex on an application moved by the counsel of the Hindu side.

Thereafter, soon after the rejection of the application moved by the Anjuman Intezamia Masjid Committee Varanasi challenging the maintainability of the suit filed by Hindu women devotees, the Hindu side moved the instant application seeking scientific investigation of the alleged Shivlinga. 

The plea for the scientific investigation has been moved by four out of the five plaintiffs in the main suit. Plaintiff Rakhi Singh intially had her reservation regarding such demand, however, today, after getting clarification from the counsel for the plaintiffs no. 2 to 5 that no damage will be caused to the concerned structure during the scientic probe, her cousel submitted that in that case, they are also not against the scientific probe of the alleged Shivlinga. 

The suit before the local court

Five Hindu women devotees filed a suit alleging that Maa Shringar Gauri, Lord Ganesha, Lord Hanuman & other visible and invisible deities reside inside the Gyanvapi Complex, therefore, they should be allowed to perform all rituals of these deities inside the complex all year long.

However, the claim is being contested by the Anjuman Intezamia Masajid Committee which manages the affairs of Gyanvapi mosque and Waqf Board.

Initially, the suit by the Hindu women devotees was being heard by a Civil Judge Senior Division Varanasi, however, on May 19, 2022, the Supreme Court ordered to transfer the suit to the court of District Judge for further proceedings. Along with that, the Top Court directed the District Judge to decide the application challenging the maintainability of the suit on priority, which got dismissed by the District Judge. 

During the court-ordered survey, a Shivling-shaped structure was found, after which Judge Diwakar directed the District Magistrate, Varanasi to seal the disputed site.

The decision to protect the area where the indicated Shivling was found was later modified by the Supreme Court to the extent that the local court's direction, in any manner, will not restrain the access of Muslims to the mosque or use of it for performing prayers and religious activities.

Case Title: Rakhi Singh and Ors v. State of UP and Ors.