Gyanvapi Masjid Case Update: SC transfers Gyanvapi masjid case to district judge- Check Highlights

Gyanvapi Masjid case update: Supreme Court resumed the hearing in the Gyanvapi Masjid case on May 20, 2022, after it had adjourned the matter for a day. In its judgment, the apex court ordered the transfer of the Gyanvapi Masjid case to the Varanasi District court and directed that the trial of suit for worship inside the mosque be handled by the district judge. The court also offered suggestions to maintain peace and calm and 

The Allahabad High Court on May 20, 2022, adjourned a hearing into the Kashi Vishwanath temple-Gynavapi Mosque case till July 6. The High Court was hearing a petition that challenges the suit pending in the Varanasi court regarding the dispute. Notably, as many as 6 petitions have been filed in the High Court over the matter.  The Varanasi district court will resume the hearing on the case on May 23.

Supreme Court orders transfer of Gyanvapi mosque case to District Judge, Varanasi. Supreme Court orders that senior and experienced judicial officer of UP Judicial services will hear the case. pic.twitter.com/cE7KefXQYt

— ANI (@ANI) May 20, 2022

Gyanvapi Masjid Case in Supreme Court: Highlights

1. Supreme Courtin  Gyanvapi Case has said that ascertainment of the religious character is not barred under Section 3 of the 1991 Places of Worship Act.

2. The apex court said, "Forget there is a mosque on one side and temple on the other. Suppose there is a Parsi temple and there is a cross in the corner of the area. Does the presence of 'agyari' make the cross agyari or agyari Christian? This hybrid character is not unknown. 

3. The court in its judgement ordered the transfer of Gyanvapi Mosque case to the District Judge, Varanasi. The Supreme Court also ordered that the senior and experienced judicial officer of UP judicial services will hear the case. Having regard to the sensitivity of the civil suit case, the case is now transferred from Civil Judge senior division Varanasi to district judge Varanasi. 

4. Masjid Committee's plea shall be decided on the priority by the District Judge on the transfer of suit. 

5. Supreme Court has said that the interim order of May 17 for the protection of the Shivling area and free access to Muslims to offer namaz will continue. 

Kashi Vishwanath temple-Gynavapi Mosque case: What happened till now?

The Supreme Court of India has ordered the proceedings on Gyanvapi Mosque Survey to the trial court to stay for today- May 19, instead, the apex court will hear the matter on May 20, 2022. The hearing was due today after the survey report was submitted claiming that a shilling has been found inside Gyanvapi Masjid Complex. 

The Supreme Court of India earlier on May 17 had announced that it will hear a crucial plea of the management of the Gyanvapi Mosque against the survey of the Gyanvapi-Shrinagar Gauri Complex in Varanasi, UP on May 19.

The apex court had to hear the matter amid an important development with a Varanasi court on May 16 directing the district administration there to seal the spot of the survey in Gyanvapi Mosque where allegedly a Shivling has been found by the survey team. 

Report on Gyanvapi Mosque Complex

The two reports that were submitted to the Varanasi court after the videography survey of the Gyanvapi Mosque Complex state that the debris of old temples were found at the corner of the northern and western walls outside the barricading. Hindu motifs such as Kalash, bells, Trishul and flowers were also visible on the pillars in tehkhana (basement). 

Gyanvapi Masjid Survey

The videography survey of the Gyanvapi Masjid Complex was completed on May 16, 2022. The survey was court-mandated and 65% of the exercise was completed yesterday. Reportedly, in the survey of the mosque, a shilling has been found which is 12 feet by 8 inches in diameter. As soon as the discovery was Shivling was announced, a court in Varanasi issued an order to seal the pond in Gyanvapi Mosque Complex.

Varanasi court delivered its verdict on May 12, 2022 on the much-anticipated Gyanvapi Mosque Case related to the inspection of the Mosque which is located next to the iconic Kashi Vishwanath Temple in Varanasi.

The district court has ordered to open the basement of Gyanvapi Mosque and conduct an archaeological survey to determine whether the mosque was built atop a destroyed portion of the temple by Mughal Emperor Aurangzeb, as claimed by the petitioners. The survey of the Gyanvapi Mosque had started on May 7 but was not fully completed because of the dispute over videography inside the mosque.

Gyanvapi Masjid Controversy explained in 10 points

1. Gyanvapi Masjid is a Mosque which is located next to the popular Hindu Shrine of Kashi Vishwanath Temple. Gyanvapi Controversy started in 1991 when a group of local priests sought permission to worship in Gyanvapi Complex and claimed that the mosque was built on a demolished portion of Kashi Vishwanath Temple in 17th Century by Mughal emperor Aurangzeb.

2. The matter of Gyanvapi Mosque was reignited after the petitioners in 2019 demanded an archaeological survey of Gyanvapi Complex.

3. The archaeological study of the complex being done by the Archaeological Survey of India was stayed by Allahabad High Court.

4. Videography of Gyanvapi Mosque was later ordered by Judge Ravi Kumar Diwakar on the plea of some women petitioners. They sought to perform worship of Lord Ganesha, Shrinagar Gauri, Nandi Idols, and Lord Hanuman, who are said to be located on the walls of the mosque. The petitioners also asked the court to stop the opponents from causing damage to the idols.

5. The counsel from the Muslim side made an argument that the court had not allowed the videography inside the mosque and only outside the barricade till the courtyard. The videography of Gyanvapi Mosque concluded with sloganeering from both Hindu and Muslim sides.

6. The Muslim counsel alleged bias from the side of the court-appointed Commissioner of the Survey, Ajay Kumar Mishra and alleged that he tried to do videography from inside the mosque against court permission. They also called videography inside Gyanvapi Mosque, a violation of the Places of Worship Act, 1991.

7. Varanasi Court, in its latest order, has said that court commissioner Ajay Kumar Mishra will not be changed and two more commissioners will join the Archaeological Survey of the Gyanvapi Mosque.

8. The basement of Gyanvapi Mosque will be opened as per the directions of the court. The archaeological survey is to be concluded and the report is to be submitted by May 17.

9. All the parties have to comply with the court directions, this country is ruled by law, said Adv Shahid Ali, President, United Muslims Front.

10. FIRs will also be registered against those who will try to stop the opening and survey of Gyanvapi Mosque Basement.

Gyanvapi Mosque

Gyanvapi Mosque is located in Banaras city of Uttar Pradesh and is said to be constructed on the site of an older Shiva Temple which was demolished by the Mughal Emperor Aurangzeb in 1669. However, scholars have always attributed political reasons rather than religious zealotry to be the primary motivation for the demolition of the temple.

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