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Synopsis

Court of Varanasi District Judge Ajaya Krishna Vishvesha on Wednesday ordered copies of the Archaeological Survey of India's (ASI) survey report on the disputed Gyanvapi complex to be provided to both Hindu plaintiffs and Muslim respondents involved in the Shringar Gauri case. However, the court did not specify a deadline for ASI to provide the report.

Recently, the ASI submitted its report of the survey before the fast-track court of Varanasi Civil Judge Prashant Singh.

Although the judge intended that both parties give an affidavit stating their commitment not to make the report public, the court order did not explicitly mention such a requirement, as per a representative for the Hindu side.

The judge, who had initially ordered the ASI survey in July last year, stressed the importance of providing a copy of the survey report to the litigants.

He stressed the necessity of furnishing the survey report to both parties to enable them to file objections in the interest of justice. 

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 was extended from time to time by the high court.

A total of five petitions were being heard together by the high court pertaining to the dispute. 

Meanwhile, in another related matter, 5 Hindu worshippers filed a suit before the local court seeking right to worship Hindu deities already existing inside the Gyanvapi complex. 

In the matter, a Varanasi Local Court, on July 21, 2023 ordered an ASI survey of the entire Gyanvapi complex except for the Wazukhana area which is currently sealed in pursuance of the Top Court's order. The local court directed the ASI to conduct the survey without damaging any existing structure.

The survey was to be done to determine whether there was any Hindu temple in the past at the disputed site upon which the Gyanvapi mosque was built as a superstructure. 

Against the local court's order, the mosque management committee moved the Supreme Court, which stayed the ASI survey till July 26, 5:00 pm. This gave some breathing time to the mosque side to file an appeal/revision against the local court's order before the high court.

Finally, on August 3, 2023, the high court bench of Chief Justice Pritinker Diwaker gave a green signal to the ASI survey of the Gyanvapi premises. 

[Inputs: TOI]