[Gyanvapi Dispute] "Remains of erstwhile temple seen in the foundation", Hindu Sena approaches Top Court

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Hindu Sena through its President has approached the Top Court seeking intervention in the matter relating to the Gyanvapi dispute.

Supreme Court on Friday had refused to issue directions for maintaining status quo on the survey of the Gyanvapi-Shringar Gauri complex at Varanasi.

The matter was mentioned by Senior Advocate Huzefa Ahmedi who urged the court to list the matter and pass interim orders as the survey was taking place despite the disputed site being 'protected' under Places of Worship Act 1991.

CJI replied to this by saying that, “We have not seen the papers, we don’t even know what the matter is about. We will read the papers and pass order.”

A Supreme Court bench of Justices DY Chandrachud and PS Narasimha is slated to hear today appeal by Mosque Committee.

The IA filed through Vishnu Gupta claims that the remains of the erstwhile temple can be seen in the foundation, the columns and at the rear part of the mosque.

He has further mentioned that Gyanvapi Mosque Complex is exempted from the Places of Worship Act, 1991.

"  ....reading of Section 3 & Section 4 (1)& (2) that Places of Worship Act, 1991 does not apply Gyanvapi Mosque Complex..... the erstwhile Kashi Vishvnath Temple and Shringar Gauri Temple within the Gyanvapi Mosque Complex fall under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and therefore, are exempted from the Places of Worship Act, 1991", states the IA.

Arguing that retaliatory statements made by Hindus are being projected as if Hindu’s are opposed to other religions, Gupta submits that all this seems to be a ploy to project Hindu’s as anti-other religions, which is why the Special Leave Petition filed by the Committee of Management Anjuman Intezamina Masajid, Varanasi is liable to be dismissed with exemplary cost.

The application further submits that the temple is mentioned in the Puranas including the Kashi Khanda (section) of Skanda Purana.

Filed by Advocate Barun Kumar Sinha, the IA states that the original Vishwanath temple was destroyed by the army of Qutb al-Din Aibak in 1194 CE, when he defeated the Raja of Kannauj as a commander of Mohammad Ghori.

Last year, Five women had filed a plea seeking performance of all rituals of Maa Shringar Gauri, Lord Ganesha, Lord Hanuman & other deities within the "old temple complex" allegedly existing inside the mosque site.

The local court had then appointed an advocate commissioner for "inspection & videography" of the "disputed site” on August 18, 2021 and had directed the authorities to submit a report by May 10.

Consequently, a plea was then moved seeking replacement of the court commissioner, which was dismissed.

The Allahabad High Court recently also dismissed a petition moved by the Anjuman Intezamia Masjid Committee (Gyanvapi) challenging the appointment of Adv. Commissioner.

In a notable development, yesterday, a Varanasi Local Court directed the District Magistrate, Varanasi to seal the disputed site at Gyanvapi Mosque complex after a Shivling was found at the place during the court-ordered survey. 

Case Title: Committee of Management Anjuman Intezamina Masajid, Varanasi vs. Rakhi Singh & Ors.