Varanasi Court Reserves Order For July 21 On A Plea Seeking ASI Survey Of Gyanvapi Mosque Premises

The court of District Judge AK Vishwesha is likely to pronounce the orders on July 21

The application before the Court was moved in May this year (under Section 75(e) and Order 26 Rule 10A of CPC) by the 4 Hindu Women Worshippers in a suit pending before the Varanasi Court seeking all year-round worshipping rights in the Gyanvapi Mosque compound.

Importantly, the application of the 4 Hindu Women Worshippers states that Swayambhu Jyotirlinga existed at the site in question (Gyanvapi Mosque Premises) for lakhs of years, however, the same was destroyed/damaged several times by Muslim Invaders who had hatred against infidels and idol worshippers beginning with the attack of Mahmud Ghazni in 1017 AD.

The application further states that one of the most fanatic and cruel Mughal Emperors, Aurangzeb issued Farman in 1669 to demolish the Temple of Lord Adivisheshwar at the site in question and in pursuance of his command, his subordinates carried out the order by demolishing the aforesaid Temple.

However, the plea adds, later on, adjacent to the old demolished Temple, a new Temple in the name of Kashi Vishwanath was built in 1777-1780 by Rani Ahilyabai Holkar, the queen of Indore.

Against this backdrop, the application states that the premises in question (Gyanvapi Mosque), currently in a dilapidated condition, clearly speaks about its ancient past and after visualizing the building structure, one can easily say that the building is the remains of an old Hindu Temple and that the present structure cannot be deemed to be Mosque by any stretch of the imagination.

In support of its assertions, the application refers to the May 16, 2022 incident when the Advocate Commissioners, pursuant to Court orders, made a survey of the subject Temple and purportedly found a 'Shiva Linga' on the first floor of the building in question, which was later on sealed in pursuance of the order of the Supreme Court.

Referring to the report of the Advocate Commissioners, the application elaborates on how the entire Mosque premises has numerous artefacts and signs of Hindu temple.

However, the application adds that presumption and assumptions howsoever strong it maybe, have to be proved by scientific methods before the Court to come to a logical conclusion on the basis of material collected and report submitted by a responsible fact-finding expert agency and hence, it prays for a survey by the ASI of the entire Gyanvapi Moseque premises.

"That the actual facts existing within the building in question cannot be proved by oral evidence, and the nature of construction, the age of the structure, certain objects hidden behind the artificial walls and beneath the structure can be proved before the court only on the basis of expert opinion which may be given by ASI in this case...it is necessary and expedient in the interest of justice that the Hon’ble Court by virtue of Section 45 of the Indian Evidence Act direct the ASI to conduct a survey and submit a report with regard to the crucial question involved in this suit," the application states.

Therefore, the application prays that Court directs the Director of the ASI:-

(a) to undertake the scientific investigation/survey/excavation at the property in question excluding the areas sealed by the Supreme Court

(b) to conduct a detailed scientific investigation by using the GPR Survey, Excavation, Dating method and other modern techniques of the present structure to find out as to whether the same has been constructed over a pre-existing structure of the Hindu temple;

(c) to conduct a scientific investigation in the light of the averment made in this application after associating the Plaintiffs, Defendants and their respective counsels and submit report to this Hon’ble Court within the stipulated time as provided by the Hon’ble Court and also to photograph and video-graph the entire survey proceedings;

(d) to investigate the age and nature of construction of the western wall of the building in question through the scientific method(s);

(e) to conduct Ground Penetrating Radar (GPR) survey just below the domes of the building in question and conduct the excavation, if required;

(f) to conduct Ground Penetrating Radar (GPR) survey beneath the western wall of the building and conduct the excavation, if required;

(g) to conduct Ground Penetrating Radar (GPR) survey beneath the ground of all the cellars and conduct the excavation, if required;

(h) to prepare a list of all the artefacts which are found in the building specifying their contents and carry out a scientific investigation and undertake a carbon dating exercise to find out the age and nature of such artefacts;

(i) to conduct carbon dating exercise of the pillars and plinth of the building to find out the age and the nature of construction;

(j) to conduct GPR survey, excavation wherever required, dating exercise and other scientific methods for determining the age and nature of construction existing at the site in question;

(k) to investigate the artefacts and other objects of historical and religious importance existing in different parts of building and also beneath the structure which may be found during such exercise;

The application has been filed through Advocates Hari Shankar Jain, Sudhir Tripathi, Subhash Nandan Chaturvedi and Vishnu Shankar Jain.