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Aditi Joshi
Guest
In a historic decision, the Allahabad High Court has handed a significant victory to the Hindu community in the longstanding Gyanvapi land dispute. The court ruled that Hindu worshippers and the deity’s civil suits, seeking the right to worship on the contested Gyanvapi land and the restoration of the temple, are not barred by the Places of Worship Act of 1991.
The recent judgment by the bench of Justice Rohit Ranjan Agarwal rejects the Masjid Committee’s plea challenging the suits filed by Hindu worshippers and the deity in the Kashi Vishwanath Temple-Gyanvapi land title dispute.
The ruling, reserved on 8th December, not only upholds the rights of Hindu worshippers but also directs the lower court to decide the suit expeditiously within a timeframe of 6 months. Moreover, the court empowers the lower court to instruct the Archaeological Survey of India (ASI) to conduct a survey if deemed necessary for any part of the disputed land.
The roots of this dispute trace back to 1991 when a suit was filed by the Ancient Idol of Swayambhu Lord Vishweshwar and five others before a local court in Varanasi. The objective was to seek the removal of the mosque and the restoration of the disputed land to the Hindus. This legal battle gained momentum on 8th April 2021, when the Varanasi civil court granted permission to the ASI to conduct a comprehensive physical survey of the disputed site adjacent to the Kashi Vishwanath Temple.
However, the Anjuman Intezamiya Masjid Committee challenged this order, leading to a stay on the proceedings before the lower court, including the ASI survey of Gyanvapi. Five petitions, including one filed by Hindu worshippers seeking the right to worship inside the Gyanvapi complex, were being heard collectively by the High Court.
A significant development in the case occurred on 21st July when the Varanasi court mandated a scientific examination of the Gyanvapi complex to determine whether the mosque was constructed over a pre-existing structure of a Hindu temple.
Despite attempts by the mosque committee to halt the survey, the process resumed on 4th August under tight security arrangements, following clearance from both the Allahabad High Court and the Supreme Court. The ASI requested more time to complete the survey, citing the complexity of the task.
Last month, the ASI informed the court that it had completed the scientific survey, but the ground-penetrating radar survey report was still in preparation. On 18th December, the ASI finally submitted its report on the scientific survey conducted at the controversial Gyanvapi complex.
The recent ruling by the Allahabad High Court marks a pivotal moment in the legal battle over Gyanvapi Dispute. It also paves the way for a thorough examination of historical and archaeological evidence. As the lower court takes on the responsibility of expeditiously deciding the suit, the Gyanvapi dispute continues to be a closely watched case in India.
The post Allahabad High Court Delivers Landmark Ruling in Gyanvapi Dispute appeared first on The Jaipur Dialogues.
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The recent judgment by the bench of Justice Rohit Ranjan Agarwal rejects the Masjid Committee’s plea challenging the suits filed by Hindu worshippers and the deity in the Kashi Vishwanath Temple-Gyanvapi land title dispute.
Court Directs Swift Resolution: ASI Survey to Proceed as Necessary
The ruling, reserved on 8th December, not only upholds the rights of Hindu worshippers but also directs the lower court to decide the suit expeditiously within a timeframe of 6 months. Moreover, the court empowers the lower court to instruct the Archaeological Survey of India (ASI) to conduct a survey if deemed necessary for any part of the disputed land.
Roots of the Dispute: Legal Battle Since 1991
The roots of this dispute trace back to 1991 when a suit was filed by the Ancient Idol of Swayambhu Lord Vishweshwar and five others before a local court in Varanasi. The objective was to seek the removal of the mosque and the restoration of the disputed land to the Hindus. This legal battle gained momentum on 8th April 2021, when the Varanasi civil court granted permission to the ASI to conduct a comprehensive physical survey of the disputed site adjacent to the Kashi Vishwanath Temple.
Legal Challenges and Collective Hearings: Anjuman Intezamiya Masjid Committee’s Opposition
However, the Anjuman Intezamiya Masjid Committee challenged this order, leading to a stay on the proceedings before the lower court, including the ASI survey of Gyanvapi. Five petitions, including one filed by Hindu worshippers seeking the right to worship inside the Gyanvapi complex, were being heard collectively by the High Court.
Scientific Examination Ordered: Determining Temple’s Pre-Existence
A significant development in the case occurred on 21st July when the Varanasi court mandated a scientific examination of the Gyanvapi complex to determine whether the mosque was constructed over a pre-existing structure of a Hindu temple.
ASI Survey Resumes Despite Challenges: Time Extension Requested
Despite attempts by the mosque committee to halt the survey, the process resumed on 4th August under tight security arrangements, following clearance from both the Allahabad High Court and the Supreme Court. The ASI requested more time to complete the survey, citing the complexity of the task.
ASI Report Submitted: Conclusion of the Scientific Survey
Last month, the ASI informed the court that it had completed the scientific survey, but the ground-penetrating radar survey report was still in preparation. On 18th December, the ASI finally submitted its report on the scientific survey conducted at the controversial Gyanvapi complex.
The recent ruling by the Allahabad High Court marks a pivotal moment in the legal battle over Gyanvapi Dispute. It also paves the way for a thorough examination of historical and archaeological evidence. As the lower court takes on the responsibility of expeditiously deciding the suit, the Gyanvapi dispute continues to be a closely watched case in India.
The post Allahabad High Court Delivers Landmark Ruling in Gyanvapi Dispute appeared first on The Jaipur Dialogues.
Continue reading...