Gyanvapi Mosque Case: Allahabad HC Rejects Sunni Central Waqf Board, Anjuman Intezamia Masjid Committee's Maintainability Petitions

NEW DELHI: In a huge setback to the Sunni Central Waqf Board and Anjuman Intezamia Masjid Committee, the Allahabad High Court on Tuesday rejected all five petitions filed by them challenging the maintainability of a civil suit pending before a Varanasi court seeking the restoration of a temple at the site where the Gyanvapi mosque exists.

The petitions filed by the Anjuman Intezamia Masajid Committee (AIMC) and the Uttar Pradesh Sunni Central Waqf Board had further challenged a Varanasi court order of April 8, 2021, to conduct a comprehensive survey of the Gyanvapi mosque. According to the Hindu side plaintiff, the Gyanvapi mosque is a part of the temple. On December 8, Justice Rohit Ranjan Agarwal had reserved judgment after hearing the counsels of the petitioners and the respondent.

 

Allahabad High Court rejects petitions of Sunni Central Waqf Board and Anjuman Intezamia Masjid Committee regarding the ownership between Gyanvapi Mosque and Kashi Vishwanath Temple in Varanasi — ANI (@ANI) December 19, 2023

 

The Allahabad High Court order came a day after the Archaeological Survey of India (ASI) presented its comprehensive report following a meticulous 92-day scientific survey of the Gyanvapi mosque complex. The sealed report, now in the hands of Varanasi district Judge AK Vishvesha, holds pivotal evidence regarding the mosque's origins and its potential connection to a pre-existing Hindu temple.

After ASI submitted its report, the Hindu side fervently appealed for its public release and urged the court to provide copies to all involved parties. The court has scheduled the next hearing for December 21, where the fate of the Kashi Vishwanath Temple-Gyanvapi Mosque dispute will likely take a decisive turn.

It is noteworthy that the ASI had previously requested additional time to conclude the survey, with Varanasi District Court Judge AK Vishvesh extending the deadline to December 18. The court had, on previous occasions, granted extensions to the ASI, demonstrating the complexity and importance of the investigation.

The court had earlier asked it to submit its survey report by November 17. Later, ASI was granted time until November 28 to file its report. The survey has been held for 100 days, during which the ASI has asked for several extensions. The survey had concluded almost a month ago and the ASI had sought extra time to file its report.

The last extension was on November 18, when the ASI asked for another 15 days. The court had allowed it 10 days. The ASI had been surveying since August 4 on the mosque premises. It leaves out the Wuzukhana area, which has been sealed by the orders of the Supreme Court.

On November 2, the ASI told the court it had "completed" the survey but would need some more time to compile the report, along with the details of the equipment used in the survey. The court had granted additional time till November 17 for submitting the document. The survey was ordered by a Varanasi court on July 21, following a petition by four women who sought permission to pray at the Shringar Gauri Shrine which is behind the western wall of the temple.

Earlier, in August this year, the Allahabad High Court allowed the Archaeological Survey of India to conduct a survey of the Gyanvapi mosque complex in Varanasi.

On August 4, the Supreme Court also refused to halt the ASI's survey of the Gyanvapi Mosque, except for the 'wuzukhana' area. The ASI, committed to preserving the structure, assured the court that no excavation would occur at the site, allowing the survey to proceed.