The Varanasi court has given its go-ahead to the excavation of the Gyanvapi mosque, near the Kashi Vishwanath temple, to hear the need of a Hindu side that wanted research to prove, that the mosque was built by demolishing the temple in the 17th century during the reign of the Mughal emperor Aurangzeb. It said the Archaeological Survey of India (ASI), “neutral and secular instrumentality of central government” was well-suited to speak the truth in a controversial case- to be paid for by the agency, which comes under the Union ministry of culture- regardless of its findings, can continue to help not only the Hindu side but also the Muslim side, if their version is indeed true. The case is scheduled for May 31 for further orders.
The court asked the director general (DG) of the ASI to establish a five-member committee of archaeologists, two of whom should be from a minority community. It said the “observer” should be appointed by the DG, and an archaeologist, a committee to report about the research work done. “The main purpose of the archeological survey will be to determine whether the religious structure located in the disputed area is superior, modified or supplemented, or there is a merger made by any, or more, of any other religious structure,” the court said on Thursday. “In that case, whether age, size, monumental, and architectural design or the style of a religious structure currently stands in the way of disputes and what materials have been used for the same construction,” the court added.
The court further stated, “The committee will also consider whether there has been a Hindu community temple before the construction of the mosque mentioned or raised or added to the disputed site. If so, then what age, size, architecture, or similar style, and which Hindu deity or gods they are devoted to.” It also said that during the survey work, Muslims came to the disputed area to offer namaz that should not be barred from doing so, and if the work did not make the job easier, the committee should give them another place inside the precincts of the Gyanvapi mosque.
The court specifically called for such a committee to be aware of the “sensitivity of the matter” and thus ensure that stakeholders in the case of both religions, which are treated equally and that no one is treated in a “partisan or preferential” manner. He said the study should be conducted in a “confidential” manner and not accessible to the public or the media who would not be informed of the committee’s progress, and that the committee would have the right to safety, so that no party could interfere with work and that district officials would ensure peace and order.
The petition was filed in 2019 by a local lawyer, Vijay Shankar Rastogi, who said the temple of Swayambhu Lord Vishweshwar – one of the 12 jyotirlingas – had been standing in a disputed area for a long time and was rebuilt by Raja Vikramaditya 2,050 years ago, ordered to be demolished by Aurangzeb in 1669. While the Linga sits inside the mosque and the devotees serve it around, they are unable to “offer jal” to the linga. Anjuman Intejamiya Masjid (mosque management committee) and the Sunni Central Waqf Board have opposed the request.
Meanwhile, the case is being heard separately by the High Court, where the Muslim side ruled that the Places of Worship Act applies to this disputed area and prohibits any modification of the place of worship as happened on August 15, 1947. If the High Court, which is expected to issue its order next month, a decision in favor of the Muslim side, and the current decision regarding the study were overturned. However, Vishnu Jain, a lawyer who filed another lawsuit with the intent of liberating the Kashi Vishwanath temple, said the Hindu side would oppose the harsh order of the high court in the Supreme Court.
