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Synopsis

The Allahabad High Court today held a hearing in the bunch of petitions essentially pertaining to the Kashi Vishwanath-Gyanvapi land title dispute and reserved the final verdict in the pleas for August 28, 2023. 

The bench of Justice Prakash Padia noted in the order that though the judgment in the present pleas had been earlier reserved on various dates, but for the judgment, certain clarifications were required from the counsel appearing on behalf of both sides, hence further hearings were held in the matter.

On November 28, 2022, the high court had reserved the judgment in the pleas.

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.

Meanwhile, 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, the Varanasi Court, on July 21, 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 is 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.

Today, the mosque committee filed an appeal before the high court which heard the appellant's side today and will further hear the matter tomorrow.

Case Title: U.P Sunni Central Waqf Board v. Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others and Connected matters