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An ASI survey of Gyanvapi was ordered by the local court in July which was affirmed by the Allahabad High Court on August 3. The next day, the Top Court also refused to stay the survey.
The Allahabad High Court today dismissed as withdrawn the Public Interest Litigation (PIL) petition filed seeking direction to seal the entire plot on which Gyanvapi stands without affecting the ASI Survey, as ordered by courts, so no damage can be done by Non-Hindus to Hindu signs/Symbols which were found inside it during a commission survey.
The plea also sought a direction to the State government and local administration to restrain the non-Hindus in the old temple area till the disposal of suits pending in the District Judge Court, Varanasi regarding Gyanwapi premises.
The division bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava observed that the petitioners have an alternate remedy before the district court.
The PIL was filed by Jitender Singh “Visen”, chief of Vishva Vedic Sanatan Sangh, Rakhi Singh, the main plaintiff in the Shringar Gauri worshipping rights case, and others through Advocate Saurabh Tiwari.
The plea stated that it is being filed to save the centuries-old remains of Old Sri Adi Vishweshwar temple in Kashi (Varanasi) & for the protection of Shivlingam of Sri Adi Vishweshwar Virazmaan and other visible and invisible deities in the precinct of the old Sri Adi Vishweshwar temple.
The plea referred to various historical evidence such as a photograph taken on 8th November 1991 which shows dismantled old Sri Adi Vishweshwar temple and a book titled Banaras Reconstructed written by Madhuri Desai which states that Mughal emperor Aurangzeb issued a Farman (imperial order ) in 1669 for the dismantling of the Vishweshwar and Bindu Madhav temple.
Stressing the need to secure the Hindu signs and symbols, the PIL plea further referred to the history of Gyanvapi and stated that in the IV part of Skand Mahapuran i.e Kashi Khand, there is a clear introduction of “ Swayambhu Shivling” in the Gyanwapi Compound.
Therefore, stating that there are various evidences and signs/symbols on walls, pillars and there are several points in the Gyanwapi precinct to establish that same are part of the old Hindu Temple, the petitioners sought direction to the respondent to protect the same.
It is to be noted that on August 3, 2023, the Allahabad High Court dismissed the plea moved by Anjuman Intezamia Mosque Committee, Varanasi against the order of the Varanasi Court passed on July 21 directing the Archeological Survey of India (ASI) to conduct a survey of Gyanvapi without causing any damage.
Case Title: Jitender Singh Alias Jitender Singh “Visen” and Others v The State and Others
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