Varanasi Court Rejects Plea Seeking ASI Survey To Find Out If 'Swayambhu Jyotirling' Lies Beneath Gyanvapi Mosque

Civil Judge (Sr. Div.), FTC Varanasi, Yugal Sharma dismissed the plea moved in February this year in the 1991 suit concerning the Gyanvapi Mosque-Kashi Vishwanath Temple, among other things, praying for an ASI survey of the entire cellar beneath the disputed structure by removing the newly raised and constructed brick walls mainly beneath central chamber of the disputed structure to find out as to whether there exist main Swayambhu Jyotirling and its Argha or not without any harm to the disputed structure.

It may be noted that the Jyotirlinga is a devotional representation of the Hindu god Shiva. As per the Shiva Purana, the Jyotirlinga situated in present-day Varanasi is among 12 Maha Jyotirlingas, where the deity Shri Vishwanath/Vishweshwara (Lord of the Universe) presides.

The Court reasoned that the report filed by ASI concerning the survey of Plot No.-9130 is yet to be examined, and secondly, the structure where 'Shiva Linga is stated to have been found, is protected by the order of the Supreme Court.

In addition to this, the Court also observed that the High Court and the Supreme Court have also ordered the conduct of the survey by using non-invasive methodology and not using excavation techniques to avoid the destruction of the property will be done.

Regarding the prayer to direct the ASI to find out whether any structure at present at the disputed site is in superimposition, the Court said that any conclusion could be reached only after examining the survey report filed by ASI in the Rakhi Singh Case in December last year. For context, the ASI had conducted a scientific survey of the Gyanvapi complex in Varanasi as per the July 21 order of the Varanasi District Judge to determine if the mosque was constructed over a pre-existing structure of a Hindu temple.

In view of these reasons, the Court found it appropriate to dismiss the plea filed by the Hindu petitioners, including the deity, Lord Vishweshar, represented by his next friend, Advocate Vijay Shankar Rastogi.

Here it may be noted that in their plaint, the Hindu petitioners claimed that there is a 100-foot Shiva lingam beneath the main dome of the Gyanvapi mosque, and they filed an application seeking an ASI survey of the same as well as all other areas which were not surveyed by the ASI erlier. The Anjuman Intezamia Mosque committee has been opposing the excavation.

The Hindu petitioners also sought a direction to the ASI to to find out as to whether the Religious structure standing at present at the disputed site is a superimposition, alteration or addition or there is structural overlapping of any kind, with or over, any religious structure, if so, then what exactly is the age, size, monumental and archaeological design or style of the religious structure standing at present at the disputed site and what materials have been used for building the same.

“The ASI shall also trace as to whether any temple belonging to the Hindu Community ever existed before the alleged structure of Mosque in question was built or superimposed or added upon it at the disputed site, if so, then what exactly is the age, size, monumental and archaeological design or style of the same and also, as to which of the Hindu deity or deities the same was devoted to,” one of the prayers in the plea for an additional survey read.

It was also suggested that if it is not possible to determine whether Swayambhu Jyotirlinga lies beneath the central dome, a trench could be made to reach the sanctum sanctorum of Aadi Vishweshwar temple.

However, in its order, the Court noted that since Allahabad High Court and the Supreme Court of India have already directed that no excavation or destruction will be done at the survey site and that the entire survey will be conducted using non-invasive methodology, the said prayer can't be allowed.