Gyanvapi Case: After the order of the Supreme Court in the Gyanvapi case, the survey work has been stopped for the time being. The Supreme Court has stayed the ASI survey of the campus till 5 pm on 26th July. While hearing the petition of the Muslim side, the court said that they can go to the Allahabad High Court. The Muslim side is considering the court’s decision as a big relief for itself. On the other hand, the Hindu side has spoken of strongly opposing it in the High Court.
Now both the parties will present their arguments in the High Court in the Gyanvapi case. For this, before July 26, he will have to present his case. The Muslim side Arrangement Committee can file its petition in the High Court on Tuesday. Citing the order of the Supreme Court, the committee can also request the High Court to hold the hearing on Tuesday itself. After the order of the Supreme Court, the lawyers of the mosque committee have started preparing the application in the Allahabad High Court.
On the other hand, Vishnu Shankar Jain, the counsel for the Hindu side in the Gyanvapi Masjid case, said that the ASI has stayed the Varanasi court’s order on the survey of the mosque premises, so that Anjum can be allowed to challenge it before the High Court. He said that our legal team is reaching the High Court and we will oppose it.
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He said that the truth of Gyanvapi would come out only after the ASI’s survey. The High Court will decide the case without being influenced by any comment of the Supreme Court, the Allahabad High Court will decide the case on its own merits.
On the other hand, the survey was stopped after the order of the Supreme Court. The advocate of the Hindi side, who came out of the Gyanvapi campus, said that the Muslim side did not cooperate in the survey. He did not participate in the process. He told that the ASI team was measuring the western wall and outer parts with modern machines called DGPS. The work had just started when a stay order came from the Supreme Court.
Divisional Commissioner Kaushal Raj Sharma said that in the Gyanvapi survey case of the Supreme Court, the ASI has received instructions to stop the survey till July 26. In order to this, the survey work has been stopped with immediate effect till the evening of 26th July. The survey will not be conducted till further orders.
Earlier during the hearing on Monday, the Supreme Court questioned what is happening in the Gyanvapi Masjid. On this, on behalf of the Uttar Pradesh government, it was said in the Supreme Court that excavation is not being done in Gyanvapi Masjid. First, the Supreme Court said that the excavation work in Gyanvapi Masjid should not be done for a week. It was said to conduct a survey through photography and radar imaging.
It was said on behalf of ASI that we are only doing survey work. After listening to all the parties, the Supreme Court said that the Muslim side should go to the Supreme Court on Tuesday itself. After this, the court ordered a stay on the ASI’s survey till 26 July.
In this way, now the entire focus has shifted towards the Allahabad High Court. The ASI team will not be able to survey the Gyanvapi Masjid till 5 pm on July 26. The High Court has been asked to give its verdict before the end of the stay. Earlier on July 21, Varanasi District Judge AK Vishvesh had ordered a scientific survey of the mosque premises.
The ASI was to submit the report of the survey to the court on 4 August. On the orders of the District Judge, the teams reached for the survey, only then the Muslim side approached the Supreme Court. On this, the court sought the opinion of the ASI.
Important developments in the Gyanvapi case so far
The first case was filed in the Varanasi court in 1991 in the Kashi Vishwanath Gyanvapi case. In this, permission was sought for worship in the Gyanvapi campus. Somnath Vyas, Ramrang Sharma and Harihar Pandey are the plaintiffs on behalf of the ancient idol Swayambhu Lord Vishweshwar.
A few months after the case, in September 1991, the Central Government enacted the Place of Worship Act. This law says that the place of worship of any religion that came into existence before 15 August 1947 cannot be converted into a place of worship of any other religion. If someone tries to do so, he can be imprisoned for one to three years and fined.
The case of Ayodhya was in the court at that time, so it was kept separate from this law. But in the Gyanvapi case, citing the same law, the mosque committee challenged the petition in the High Court. In 1993, the Allahabad High Court had ordered to maintain the status quo by imposing a stay.
In 2018, the Supreme Court ordered that the validity of the stay order in any case will be only for six months. After that the order will not be effective. After this order, in 2019, the hearing in this case started again in the Varanasi court.
In 2021, the Civil Judge Senior Division Fast Track Court of Varanasi approved the archaeological survey of Gyanvapi Masjid. A commission was appointed in the order and this commission was ordered to videograph Shringar Gauri on 6 and 7 May in the presence of both the parties. By May 10, the court had asked for complete information regarding this.
On May 6, the survey was done on the first day itself, but on May 7, the Muslim side started protesting against it. The matter reached the court. On May 12, a hearing was held on the petition of the Muslim side. The court rejected the demand to replace the commissioner and ordered to complete the survey work by May 17 and submit the report.
The court said that where locks are installed, get the locks broken. If someone tries to create obstruction, legal action should be taken against him. But the survey work should be completed in any case.
On May 14, the Supreme Court refused to hear the petition of the Muslim side immediately. In the petition, a demand was made to ban the survey in Gyanvapi Masjid. Refusing to maintain the status quo, the top court had said that we cannot issue orders without seeing the papers. Now the matter will be heard on May 17.
From May 14 itself, the survey work of Gyanvapi started again. All the closed rooms till the well were investigated. Video and photography of this entire process was also done.
The survey work was completed on 16 May. The Hindu side claimed that Baba was found in the well. Along with this, many evidences have been found of being a Hindu site. On the other hand, the Muslim side said that nothing was found during the survey.
A fresh petition was filed on 24 May. In this, there was a demand to ban Muslims from offering Namaz in Gyanvapi premises, to hand over the premises to Hindus and to allow regular worship of Shivling allegedly found in the premises during the survey.
On May 25, District Judge AK Vishweera shifted the petition to the fast track court.
On October 15, the arguments of both the sides were completed in the court. The date of 27 October Thursday was fixed for the order.
By October 18, both the parties were asked to file written arguments.
The order could not come on November 8 because the judge was on leave.
On November 14, the court gave the date of November 17 to pronounce the verdict in this case. On November 17, the court gave its important order in this matter.
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