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Both the Hindu and Muslim petitioners in the Gyanvapi case will receive certified copies of an archaeological survey report of the 15th century mosque complex, a Varanasi district court ordered on Wednesday, potentially opening a new chapter in the decades-old dispute.

The Gyanvapi dispute dates back decades but in August 2021.
The Gyanvapi dispute dates back decades but in August 2021.

The exercise, conducted by the Archaeological Survey of India (ASI) between August 4 and early November last year on orders by the district court, could shape the adjudication of a raft of ongoing cases where Hindu petitioners claim worshipping rights inside the mosque complex.

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“Both the parties to the suit must be provided copies of the survey report so that they can file objections against the ASI report, if they think it proper. Without providing copy of survey report to the parties, it will not be possible for them to file objections against it. Therefore, I am of the view that in the interest of justice, it is necessary that copy of survey report be provided to the parties to the suit,” read the order by district judge Ajaya Krishna Vishvesha.

“Accordingly, the prayer of the plaintiff No. 2 to 5 and defendant No. 4 is allowed. Copy of survey report, prepared by ASI as it has been filed in the court, be provided to the parties in accordance with the provisions as given in general rule (civil). The sealed envelope, in which the survey report presented by ASI, may be opened by the appeal clerk and thereafter, as per the provisions of law and rules applicable, copies may be provided to the parties on their request,” added the order.

Read Here: Cleaning of Gyanvapi Mosque ‘Wazukhana’ starts under strict security

On another petition by government counsel Mahendra Prasad Pandey, the court directed that a copy of the survey report be issued to district government counsel (civil), Varanasi without delay.

The court fixed February 6 as the date of hearing in the matter, said advocate Subhash Nandan Chaturvedi, one of the counsel for the four Hindu women plaintiffs whose petition in the court asking for worshipping rights within the mosque complex resulted in the district court ordering a survey. .

“On Thursday, we will apply for receiving a certified copy of the ASI survey report,” said Vishnu Shankar Jain, one of the counsels for the Hindu petitioners.

Jain said that during the hearing, ASI objected to e-mailing the report so both sides agreed to receive hard copies of the document.

“As per legal procedure, we will file an application to obtain a copy of report of the Gyanvapi mosque survey,” said SM Yasin, joint secretary of the Anjuman Intezamia Masajid Committee, which runs the mosque.

Last year, the Varanasi district court ordered an extensive survey of the mosque by ASI to ascertain whether it was built over a pre-existing temple, while holding that a scientific probe was necessary for the truth to come out. The judge, however, excluded a section – where the Hindu side claims a Shivling was found during an earlier survey and the Muslims say the structure is part of a fountain – that has remained sealed since a Supreme Court order in May 2022.

Read Here | Cleaning of Gyanvapi’s Wazukhana: 40 fish found alive released in tank of another mosque

The Gyanvapi dispute dates back decades but in August 2021, five women filed a petition in a local court demanding the right of unhindered worship at the Maa Shringar Gauri Sthal, located inside the complex that houses idols of Hindu gods. In April 2022, the local court ordered a controversial survey of the complex, which quickly ran into protests.

The survey was finally completed in May, but not before the Hindu side claimed that the Shivling was found in the final hours of the exercise even as the Muslim side disputed this. The court clamped security on the entire complex even as the Muslim side argued that the structure found was a ceremonial ablution fountain.

The ASI report will also have ramifications on the other cases linked to the Gyanvapi dispute, where Hindu groups seek to restore an ancient temple at the site of the Gyanvapi Masjid and say that the mosque was built by mediaeval Islamic rulers after demolishing part of the temple.

The Muslim side argue that the Hindu suits violate the 1991 Places of Worship Act, which locks the religious character of holy sites as it existed on the day of independence, with the exception of the Ram Janmabhoomi-Babri Masjid site.

But the courts, so far, have said that the Hindu pleas are maintainable and don’t violate the 1991 law.

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