NEW DELHI: The Supreme Court on Friday sought response from the Gyanvapi mosque management committee on a plea by the Hindu side for conducting an ASI survey of the area where 'Shivling' was found during a court-appointed survey on May 16, 2022.
The area has since then remained sealed inside the mosque premises by the order of the apex court, where a Shivling was found in the ablution pond. The Muslim side claimed it to be a fountain.
SC Notice on Gyanvapi Mosque Case: ASI Survey Plea Sparks Debate on Shivling Discovery
The Hindu side contended when the Muslim side is describing the 'Shivling' as a fountain, a survey was required to be carried out for proper adjudication of the controversy.
They claimed Kashi Vishwanath temple at Varanasi, one of the twelve Jyotirlingas, was first destroyed by the army of Qutb-ud-din Aibak, in 1194 CE. In 1669 CE, Aurangzeb again destroyed the temple and built the Gyanvapi Mosque in its place. The remains of the erstwhile Temple can be seen in the foundation, the columns and at the rear part of the mosque, they claimed.
Gyanvapi Mosque Dispute: Supreme Court Reviews Plea for ASI Survey in Shivling Area
On Friday, a bench of Justices Surya Kant and Ujjal Bhuyan issued notice on the plea moved by the Hindu side and sought response from the Committee of Management Anjuman Intezamia Masajid Varanasi by December 17, 2024.
The Hindu side’s plea said the area outside the sealed area, where the Shivling was found, has already been surveyed.
They urged the court to modify its previous order to allow the survey of the area where Shivling was found.
The bench also agreed to hear the matter together with Hindu side's plea for consolidation of all suits, pending before Varanasi trial courts, in connection with the claim of the mosque being built over the temple.
The court said it would be better to consolidate the suits before one trial court, preferably the district judge where the main suit is pending.
It said after this is done then the High Court could be the first appellate forum to reappreciate the evidence.
The bench said all the issues, including ASI survey of sealed area and maintainability of the suits, which Muslim Side claims to be barred under Places of Worship Act, 1991, could be heard by the court on a weekly or fortnightly basis.
The court scheduled the matter for consideration next month.
The Hindu side was represented by senior advocate Shyam Divan and advocate Vishnu Shankar Jain. The Muslim side, on the other hand, was led by senior advocate Huzefa Ahmadi.
