The Varanasi District Court granted a one-week extension to the Archeological Survey of India (ASI) to submit the Gyanvyapi Mosque’s architectural complex report on December 18.
The controversy over the mosque-temple land has continued since the time of the Mughals till today. However, the solution to this dispute has not yet come out.
Timespan of the Dispute:
1991: The first petition was filed by Swayambhu Jyotirlinga Bhagwan Vishweswar in Varanasi Court, in 1991. The petition was about the Place of Worship Act, which demands the Gyanvyapi Mosque’s complex as a part of the Kashi Vishwanath temple, along with the removal of Muslims from the complex.
1998: The Anjuman Intezamia Masjid Committee filed the case in Allahabad High Court stating that the temple-mosque land dispute could not be taken by a civil court, as it was not permittable by the law. For this, the HC stopped the proceedings till 22 years later.
2019: The case was reopened when a person filed a plea on behalf of Swayambhu Jyotirlinga Bhagwan Vishweswar in Varanasi Court, demanding an ASI survey of the mosque’s complex.
2020– After the plea for the survey, the Anjuman Intezamia Masjid Committee came forward and intervened to oppose the petition seeking an ASI survey. However, the petitioner approached the Varanasi Court to commence the hearing on the petition 1991 as the HC did not extend the stay.
2021: The SC took over the Place of Worship Act, of 1991. The bench headed by Chief Justice S.A Bobde examines the Act’s validity and asks the Central govt to give a response.
In August, five Hindu devotees filed a petition in the lower court, to worship the Hindu deities, and restrict people from causing damage to the idols. After that, the HC announced to wait for the verdict.
2022– The Varanasi Court directed for videography survey of the complex. The decision was opposed by the Anjuman Intezamia Masjid Committee which took it to the Allahabad High Court. And, the court accepted the petition. Afterwards, the survey started and continued for two days. The findings that were found, were submitted to court.
August 2023: The Court ordered the ASI to submit the survey report that was conducted for the second time. And since the delays are happening.
Conflicts Between Hindus and Muslims, and the Current Situation:
The temple-mosque land dispute created conflict between two religious groups, Hindus and Muslims for decades.
The Hindus claim that the mosque is being built on the pre-existing Kashi temple, and demand to demolish the complex. Whereas, the Muslims claimed Gyanvyapi is a religious place for the Muslims for many years. These statements from both sides somehow created communal violence.
Besides, currently, the case is being heard by the Supreme Court, as the SC ordered the High Court and District Court to maintain the lawsuit.
Delay in Submission of Report by ASI:
The ASI started the survey on August 4 and the lower court had given prior time to submit the survey report on September 6. However, the report got delayed and the District Court on October 5 directed the ASI to submit the report by November 28.
However, the ASI faced some issues and requested the court to extend the date from December 12 to December 18, 2023.
The ASI has not officially announced any particular reason for the delay. Though there are certain factors like legal issues, survey challenges can be taken into consideration.
Conclusion:
If the report of the ASI is potential, as per the petition filed by the Hindu side about the plea for regular worship at the site. The Muslim side might face challenges as they’ve claimed that the structures were not the pre-existing parts of the temple. So, there’s a chance of the case getting reopened, as the court will expect to hear the argument from both sides.
