Gyanvapi mosque: Muslim group moves India's top court against archeological survey
Gyanvapi mosque located in Varanasi
Following the decision by the Allahabad High Court to allow an archeological survey of the Gyanvapi mosque in north Indian city of Varanasi, the Muslim party involved is taking the matter to the Supreme Court.
The case revolves around the question whether there is a Shivling, a holy structure for Hindus, in the mosque compound. A group of Hindu petitioners had sought, and got permission from the lower court, to conduct a survey by Archaeological Survey of India (ASI), that will help determine if the structure is indeed a Shivling, or a fountain as the Muslim side claims.
Maulana Khalid Rasheed Farangi Mahli, a prominent member of the All India Muslim Personal Law Board, expressed optimism about achieving a just resolution for the historic mosque.
Highlighting the mosque's six-century history as a place of Muslim worship, he also emphasised the broader application of the Places of Worship Act to protect religious sites across the nation. While the court ruling prohibits excavation at the site, the Supreme Court remains an option for seeking further relief.
Court dismisses concerns: Survey approved with conditions
Earlier in the day, the Allahabad High Court rejected the apprehensions raised by the Muslim side that had argued that the ASI survey might cause harm to the mosque's structure. The court underscored the importance of the survey for ensuring fairness, but imposed specific conditions: the survey must be conducted without any digging or dredging.
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Hindu side's response: Implementation and plea dismissal
In response to the lower court verdict, Vishnu Shankar Jain, the lawyer representing the Hindu party, asserted that the ASI survey has gained approval, necessitating the immediate execution of the district court's order. The High Court dismissed the plea made by the Muslim side.
Legal background and previous actions
The Anjuman Mosque Committee had previously approached the high court, challenging the local Varanasi Court's directive to the ASI to survey the mosque premises. However, the 'wuzukhana' (ablution area) of the mosque was excluded from the survey.
Earlier, the Supreme Court had temporarily suspended the ASI survey until July 26, granting the Masjid committee time to approach the High Court. The Supreme Court directed the Masjid Committee to seek recourse in the Allahabad High Court to challenge the decision made by the Varanasi District Court.
The central legal argument presented by the Anjuman Intezamia Masjid Committee, in accordance with Article 136 of the Constitution, contests the Allahabad High Court's decision to uphold the admissibility of a lawsuit brought forward by Hindu worshippers in the Varanasi court.
Structural concerns and ASI reassurances
Amidst fears that the ASI survey could compromise the structural integrity of the historic mosque, the management committee of the Gyanvapi mosque has voiced concerns about potential deterioration during the survey. However, the ASI has assured that the mosque's architecture will remain unharmed, as the survey will employ non-intrusive radar mapping techniques.
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