The Supreme Court of India has requested a response from the Gyanvapi Masjid Committee regarding a plea filed by Hindu petitioners seeking an Archaeological Survey of India (ASI) investigation of the sealed area within the Gyanvapi mosque complex. This plea comes after the alleged discovery of a ‘Shivling’ in the sealed zone during a court-mandated survey in 2022. However, the Muslim side contends that the structure is a fountain.
Background of the Case
In May 2022, the Supreme Court ordered the sealing of the area after reports emerged of a structure claimed to be a ‘Shivling’ near the mosque’s ablution pond. Since then, the area has remained inaccessible for further examination.
The plea by Hindu petitioners aims to establish whether the mosque was built atop a pre-existing Hindu temple, as alleged. This forms part of broader legal disputes, with 17 interconnected suits currently pending before Varanasi trial courts. These cases explore the historical and religious significance of the site, with references to the demolished Kashi Vishwanath temple.
Supreme Court’s Observations
A bench led by Justices Surya Kant and Ujjal Bhuyan has expressed initial reluctance to consolidate the 17 pending suits but hinted at transferring them to a single trial court, ideally under the District Judge of Varanasi. This measure aims to streamline proceedings and enable the Allahabad High Court to act as the first appellate forum for evaluating evidence.
The apex court clarified that contentious matters—including the ASI survey of the sealed area and challenges under the Places of Worship Act, 1991—can be heard on a weekly or fortnightly basis. The next hearing is set for December 17, 2024.
Places of Worship Act, 1991: The Key Obstacle
The Places of Worship Act, of 1991, prohibits altering the religious status of places as they existed on August 15, 1947. The Muslim side, represented by the Anjuman Intezamia Masjid Committee and Uttar Pradesh Sunni Central Waqf Board, argues that any ASI investigation or alteration would violate this act.
Previous Surveys and Claims
While the Allahabad High Court approved an ASI survey in an earlier ruling, it excluded the sealed area from examination. Prior ASI findings have been cited by Hindu petitioners to support their claims, but the Masjid Committee has consistently opposed these assertions.
As the legal and historical debate continues, the Supreme Court’s next steps will play a pivotal role in determining the future of the Gyanvapi mosque complex.
