PIL In Allahabad HC Seeks Sealing Of Entire Gyanvapi Mosque Premises Sans Affecting ASI Survey, Ban On Entry Of Non-Hindus

A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court seeking a direction to the Uttar Pradesh Government to seal the entire Gyanvapi Mosque premises (w/o affecting the ASI Survey order of the Varanasi Court) so that "no damage can be done by non-Hindus/Non-Sanatani to Hindu sign/symbol present inside the premises".

The PIL plea has been moved by the Chief of the Vishwa Vedic Sanatan Sangh (VVSS), Jitendra Singh Visesn, Rakhi Singh (Plaintiff no. 1 in the Gyanvapi Worshipping suit of 2022 pending before the Varanasi Court) and others, through Advocate Saurabh Tiwary.

As per the averments made in the PIL plea, the petitioners intend to "save the centuries-old remains of Sri Adi Vishweshwar temple (present Gyanvapi Mosque) in Varanasi" and they seek "protection of Shivlingam of Sri Adi Vishweshwar Virazmaan and other visible and invisible deities in the precinct of the temple".

#BREAKING :

A PIL plea has been moved before the #AllahabadHighCourt seeking direction to the (@UPGovt) to seal #GyanvapiMosque premises (w/o affecting ASI Survey order) so that "no damage can be done by non-Hindus/Non-Sanatani to Hindu sign/symbol present inside the premises" pic.twitter.com/XXOWoZGuQ5

— Live Law (@LiveLawIndia) August 2, 2023

Significantly, the PIL plea claims that at the disputed site (settlement Plot No. 9130 Ward and PS- Dashaswamedh, District Varanasi), a magnificent temple used to exist, wherein Lord Shiva, the Lord of Universe, himself established the "Jyotirlinga" lakhs of years ago, however, the said temple was damaged/destroyed in the year 1669 by "cruel Islamic" ruler Aurangzeb.

The PIL plea further states that after destroying the said temple, Muslims unauthorizedly encroached into the temple premises and put a super structure which they call the "alleged Gyanwapi Mosque" even though the property was vesting in the deity and the same was not and could not be a Waqf Property.

"The original Jyotirlinga lies beneath the superstructure illegally and unauthorizedly raised by Muslims within the old temple complex (presently Gyanvapi Mosque). The Hindu devotees are not being allowed to have darshan of the deity within old temple complex. The right of the petitioner(s) and devotees in general to worship within the old temple complex guaranteed by Article 25 of the Constitution Of India is being continuously infringed. The pooja and worship being performed by the Petitioner(s) and devotees remain incomplete without having darshan of Sri Adi Vishweshwara Jyotirlinga," the PIL plea avers.

It further contends that the disputed property has been vesting in the Deity since time immemorial and if any person or persons forcibly and without authority of law offer namaz within that property or at a particular place, the same cannot be called as mosque. 

The petitioners have also claimed that devotes like them have a right to worship Goddess Maa Srinagar Gauri at the asthan of Lord Adi Vishweshwar along with Lord Ganesha, Lord Hanuman, Nandiji and other visible and invisible Deities within the old temple complex/disputed property. 

Further, the PIL plea refers to certain pieces of evidence, sign/symbols on walls, and pillars inside the Gyanvapi Mosque premises to argue that same are part of the old Hindu Temple and that the present structure is standing on the plinth and base of the old temple structure.

In this regard, the petition further refers to the report of an Advocate commission (which surveyed the disputed property in  Mya last year) to claim that it found various signs of Hindu Dharm like Trident, Swastika, Lotus and other Hindu signs which is "sufficient to prove the existence of Hindu Temple" at the disputed site. 

Against this backdrop, the petitioners have sought a direction for the sealing of the mosque premises and to restrain the entry of Non-Hindus in the old temple area till disposal of suits pending in the Ld. District Judge, Court, Varanasi. Additionally, the plea also seeks protection of the Hindu sign/Symbol inside the premises. 

It may be noted that the Allahabad High Court is set to pronounce its order on the Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 ASI Survey order of the Gyanvapi Mosque TOMORROW.

The ASI survey order of the Varanasi Court was first stayed by the Supreme Court to allow some "breathing time" to the Masjid committee to approach the High Court. The said interim order was extended on July 27 by the High Court till August 3.