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Synopsis

The Allahabad High Court today reserved the judgment in the Kashi Vishwanath-Gyanvapi case(s).

Out of the total of five petitions that had been clubbed together for hearing pertaining to the land dispute at Gyanvapi, in three of the petitions, arguments had already been completed and the court was only concerned with the remaining two petitions which pertain to the ASI survey of the Gyanvapi premises. 

Today, in the pleas relating to ASI survey of the Gyanvapi complex, the Hindu side put forth its remaining arguments and the Muslim side also was given a chance to present its case, thereafter, the bench of Justice Prakash Padia reserved the judgment. 

Senior Advocate CS Vaidyanathan appeared on behalf of the temple side in the plea relating to Gyanvapi’s ASI survey. On the earlier date, the senior counsel had submitted that for reaching a logical conclusion, the inquiry should be done in this matter, therefore, a survey should be allowed by the ASI of the Gyanvapi complex to bring out prima facie truth.

It is to be noted, the Director General of the ASI, in her personal affidavit, has already submitted before the high court that the ASI is competent and capable to conduct the survey, if the high court or any other court so directs.

Background of the matter

Before the Varanasi local court, the Ancient Idol of Swayambhu Lord Vishweshwar and 5 others filed a suit in 1991 seeking removal of the Gyanvapi Mosque and restoration of the land to Hindus.

On April 8, 2021, Civil judge Senior Division, Varanasi Civil Court allowed the Archeological Survey of India (ASI)  to conduct a comprehensive physical survey of the Gyanvapi mosque adjacent to Kashi Vishwanath Temple. Against this order, Anjuman Intezamiya Masajid Varanasi knocked on the high court's doors, which stayed the proceedings before the lower court including the ASI survey of Gyanvapi. 

The stay on the survey has been extended from time to time by the high court and it is to continue till November 30, 2022.