Half a dozen cases related to Kashi Vishwanath Temple and Gyanvapi Masjid in Varanasi are pending in the Allahabad High Court. The High Court has already reserved its verdict about fourteen months after the completion of hearing in four of these cases. Hearing is going on in two cases. The High Court mainly has to decide whether the case filed in the year 1991 can be heard in the Varanasi court or not.
The High Court has stayed the hearing of the civil (civil) petition filed in the Varanasi court. In this, a demand was made from the court that by handing over the place to the Hindus, they should be allowed to worship there. The hearing of the cases related to this dispute will be held on May 10. It may also be a challenge before the court that emotions are starting to dominate in this case entangled in legal complexities.
How did the controversy begin?
In the year 1984, more than five hundred saints from all over the country gathered in Delhi. The Dharma Sansad also started from here. In this Parliament of Religions it was said that the Hindu side should start claiming their shrines in Ayodhya, Kashi and Mathura. Gyanvapi Mosque is adjacent to Kashi Vishwanath Temple in Varanasi. Right now the Muslim community offers Namaz five times a day. The mosque is run by the Anjuman-e-Intzamiya Committee.
In the application filed on behalf of the self-styled god Vishweshwar in the court of Varanasi, it has been said that the place where the Gyanvapi Mosque is located, earlier there used to be a temple of Lord Vishweshwar and Shringar Gauri was worshipped. The Mughal rulers destroyed this temple and occupied it and got the mosque built. The Anjuman-e-Intjamia Committee opposed the application of the self-styled godman Vishweshwar by filing a petition in the Allahabad High Court in 1998.
It was argued in the court on behalf of the Masjid Committee that this petition is not maintainable under the ‘Central Religious Worship Act 1991’ made in the year 1991. It has been clearly stated in this law that except the disputed complex of Ayodhya, the status of other religious places of the country as on August 15, 1947, will be maintained.
What are the arguments in the second application
Another application was filed in the Varanasi court on behalf of the self-styled godman Vishweshwar, in which it was said that in any case under the direction of the Supreme Court, when the stay order is not extended for more than six months, he himself Ineffectual means that it ends. Since no stay order has been passed in the trial court for a long time, this stay is over and the Civil Judge Senior Division should resume the hearing in the matter.
The Varanasi court accepted this application and ruled to start the hearing again. Both the Muslim parties had also filed an application against this in the Allahabad High Court. The High Court attached this application to the already ongoing trial and heard it together. Thereafter, the High Court reserved its decision.
How much land is disputed
In this case, the High Court mainly has to decide whether the trial filed in the district court of Varanasi thirty-one years ago in 1991 can be heard or not. In this dispute of one bigha, nine biswa and six dhur land, where the Hindu parties are demanding permission to worship there by giving the disputed place to the Hindus, while the Muslim side has applied for dismissal of the case by citing the 1991 Act. Huh.
Gyanvapi Masjid has no dispute with Kashi Vishwanath Temple Trust in this matter. The temple trust is not a party to this whole matter, nor has it filed any petition anywhere. In such a situation, if the application of the Hindu side is approved, then to whom will the land be handed over, the question will arise.
During the ongoing hearing in the court, the facts also came to the fore that the relationship between the Kashi Vishwanath Temple Trust and the Arrangement Committee is also very good. The Masjid Committee has also exchanged a land with the Vishwanath Temple Trust. This exchange has been done on the basis of mutual consent. The cost of stamp duty involved in this exercise has also been borne by the trust of the temple committee.
what ever happened
1991 : The first petition was filed in the Varanasi Court on behalf of the self-styled godman Vishweshwar. The petitioner sought permission to perform puja in the Gyanvapi complex.
nineteen ninety eight : The Anjuman Inazaniya Masjid Committee, which oversees the Gyanvapi Masjid, moved the Allahabad High Court. The committee said that the civil court cannot take any decision in this matter. The hearing in the civil court was stayed on the order of the High Court. The case was not heard for 22 years.
2019 : A petition was filed in the Varanasi District Court on behalf of the self-styled Jyotirlinga Lord Vishweshwar. In this petition, a demand was made to conduct a survey of the Gyanvapi complex by the Archaeological Survey of India.
2020 : The Anjuman Inazaniya Masjid Committee opposed the petition seeking a survey of the Gyanvapi complex by the ASI. In the same year, the Hindu side also moved the lower court, seeking resumption of hearing in the case.
what the experts say
This matter is now becoming less legal and more emotional, in such a situation it would be better if instead of testing the facts on the basis of rules, trying to find a solution by mutual consent would be better.
- Syed Farman Naqvi, Advocate for the Arrangiya Committee
This is the second time survey of Gyanvapi campus is being done. The first time happened in 1996. Even then the survey was not completed. The symbols which were found in the last survey are now being abolished. I can say this with certainty.
- Harishankar Jain, Main advocates of Gyanvapi Masjid controversy