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Synopsis

A local court at Varanasi, Uttar Pradesh today dismisses the plea moved by the Hindu side in the Gyanvapi case seeking scientific investigation of the Shivlinga found during a court-ordered survey of the Gyanvapi complex.  District Judge AK Vishvesha pronounced the order.

Court said that since the supreme court has ordered to protect the place where alleged shivalinga was found, therefore, the plea for its 'scientific investigation' cannot be allowed.

On September 22, the local court had issued notice to the Anjuman Intezamia Masjid Committee Varanasi directing it to file its objections to the plea filed under Order 26 Rule 10A of Civil Procedure Code, if any. 

Thereafter, court heard the arguments of the Hindu side and the mosque management committee regarding the matter, on September 29 and October 7 and on the last date of hearing i.e. October 11, the Anjuman Intezamia Masjid Committee Varanasi objected to the plea moved by the Hindu side. 

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 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 (including carbon dating) of the alleged Shivlinga without causing any damage to the structure. 

The suit before 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.