Plea filed in SC to study nature of structure found in Gyanvapi Mosque
Aug 08, 2022
New Delhi [India], August 8 : An appeal has been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.
The appeal filed by seven devotees sought direction to the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.
The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.
The PIL moved before the High Court sought direction to a committee to ascertain whether a Shivalinga, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.
The appeal in the top court stated that the Allahadbad High Court had erred in dismissing the plea.
After the emergence of the disputed structure inside the mosque, it was the duty of ASI to go on the spot to ascertain the nature of the structure, however, since the same was not done, the petitioners had moved the High Court, said the appeal. It added that the High Court, without seeking response from the respondents and relying upon some loose documents submitted by the State government, dismissed the petition on merits.
The apex court is also seized of an appeal filed by the Committee of Management Anjuman Intezamia Masjid Varanasi that manages the Gyanvapi mosque, challenging an order of Allahabad High Court permitting a court-appointed commissioner to inspect, conduct survey and videography of the Gyanvapi mosque to which Hindus and Muslims have laid claim for right to worship.
On May 20, the Supreme Court had ordered the transfer of the case related to worship at Gyanvapi mosque from civil judge to the District Judge, Varanasi.
It had ordered that its interim order passed on May 17 -- to protect the area where the Shivling was found and access to Muslims for namaz -- shall continue in operation till maintainability of the suit is decided and thereafter for eight weeks to enable parties to pursue legal remedies.
It had said that District Judge should decide the maintainability of the civil suit in the Gyanvapi-Kashi Vishwanath on priority as sought by Committee of Management Anjuman Intezamia Masjid Varanasi.
