Allahabad HC Reviews Plea for Gyanvapi Mosque Wazukhana ASI Survey

Prayagraj , Uttar Pradesh – The Allahabad High Court today commenced a crucial hearing in the contentious Gyanvapi mosque case, focusing on a petition seeking an Archaeological Survey of India (ASI) survey of the Wazukhana area within the mosque complex. This legal development marks the latest chapter in the ongoing dispute surrounding the Gyanvapi mosque, situated adjacent to the Kashi Vishwanath temple in Varanasi, and is closely watched by legal experts and religious groups alike.

The core of the current legal proceedings lies in a petition requesting the High Court to direct an ASI survey of the Wazukhana, a space within the mosque premises used for ablutions before Islamic prayers. This petition, filed by plaintiff Rakhi Singh on October 22 of last year, seeks to ascertain the nature of a structure discovered within the Wazukhana during a court-mandated survey conducted on May 16, 2022.

This earlier survey, ordered by a lower court, was itself a subject of intense legal debate. During the survey, a structure was located which the Hindu side claims to be a ‘Shivling,’ a sacred symbol of the deity Lord Shiva. Conversely, the Muslim side maintains that the structure is merely a non-religious water fountain, devoid of any Hindu religious significance. This diametrically opposed interpretation of the structure has become the central point of contention in the escalating legal battle.

Following the discovery and the ensuing dispute over the nature of the structure, the Supreme Court intervened and ordered the sealing of the Wazukhana area. This directive from the apex court was aimed at safeguarding the site and preventing any further escalation of tensions between the involved parties. The sealing order remains in effect as the Allahabad High Court deliberates on the current petition for an ASI survey.

The present hearing before the Allahabad High Court involves a review of the plea for an ASI survey. The petitioner argues that an ASI survey is necessary to scientifically and definitively determine the age and nature of the structure found within the Wazukhana. Such a survey, they contend, would provide irrefutable evidence to support their claim that the structure is indeed a Shivling, thereby strengthening their assertion regarding the historical religious character of the site.

Legal analysts point out that the outcome of this hearing could have significant implications for the future trajectory of the Gyanvapi dispute. If the Allahabad High Court allows the petition and orders an ASI survey, it could pave the way for a detailed archaeological investigation of the Wazukhana. The findings of such a survey could potentially provide crucial evidence for either side in the dispute, influencing subsequent legal proceedings. Conversely, if the High Court dismisses the plea, it could be viewed as a setback for the Hindu side and may necessitate a reconsideration of their legal strategy in this long-standing matter.

It is important to note that the dispute over the Gyanvapi mosque is not an isolated incident. As highlighted by the All India Muslim Personal Law Board (AIMPLB), this case is part of a growing trend of legal claims being made concerning various mosques and dargahs across India. In a statement issued on November 28 last year, the AIMPLB voiced its deep concern over what it described as an increasing number of “claims being made in courts across the country concerning mosques and dargahs.” The Board characterized these claims as a “blatant mockery of the law and the Constitution.”

The AIMPLB statement specifically referenced the Gyanvapi Mosque, Shahi Eidgah in Mathura, Bhojshala Mosque in Madhya Pradesh, Teele Wali Masjid in Lucknow, and Jama Masjid in Sambhal , as examples of religious sites facing similar legal challenges. Furthermore, the AIMPLB expressed alarm over a recent petition accepted by a civil court in Ajmer concerning the Ajmer Dargah, which alleges that the Dargah is, in fact, the Sankat Mochan Mahadev Temple.

SQR Ilyas, the National Spokesperson for the AIMPLB, stated, "It is deeply unfortunate and shameful that, after the claims on Gyanvapi Mosque in Varanasi, Shahi Eidgah in Mathura, Bhojshala Mosque in Madhya Pradesh, Teele Wali Masjid in Lucknow, and Sambhal 's Jama Masjid, a claim has now been made on the historic Ajmer Dargah. Despite the provisions of the law, the court has accepted Vishnu Gupta 's petition for a hearing and issued notices to the parties."

The AIMPLB’s statement underscores the broader context of the Gyanvapi case, framing it as part of a larger pattern of legal disputes surrounding religious sites. This perspective raises questions about the potential for similar cases to proliferate and the implications for religious harmony and the legal framework governing religious places in India.

For legal professionals, the Gyanvapi case and the Allahabad High Court’s current hearing present a complex interplay of religious sentiments, historical claims, and legal principles. The case touches upon sensitive issues of religious freedom, property rights, and the interpretation of historical evidence. The court’s decision on whether to allow an ASI survey of the Wazukhana will be critical in determining the next steps in this protracted legal battle.

Furthermore, the case serves as a reminder of the increasing litigiousness surrounding religious sites in India. Lawyers specializing in constitutional law, property law, and religious law will be particularly interested in following the developments in the Gyanvapi case, as it could set precedents for future disputes of a similar nature. The legal community is keenly observing how the Allahabad High Court navigates the intricate balance between religious beliefs, historical claims, and established legal principles in this highly sensitive case.

The Allahabad High Court's review of the petition for an ASI survey of the Gyanvapi Wazukhana is ongoing, and the legal fraternity awaits the court’s decision with considerable anticipation. The outcome will undoubtedly have significant ramifications for the Gyanvapi dispute and potentially for similar religious site disputes across the country. The case highlights the crucial role of the judiciary in adjudicating complex religious and historical disputes within the framework of the Indian Constitution and legal system.