Gyanvapi mosque: Supreme Court notice to Muslim side on plea for ASI survey of area where 'Shivling' was found

New Delhi: The Supreme Court on Friday sought response from the Gyanvapi mosque management committee on a plea made by the Hindu side for conducting an ASI survey of the area where 'Shivling' was found.

Earlier the apex court had ordered sealing of the area inside the mosque, where purportedly a Shivling was found in the ablution pond of the mosque during a court-mandated survey on May 16, 2022. The Muslim side has termed it as a fountain.

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.

It asked the apex court to modify its previous order to allow the survey of the area where Shivling was found.

The apex court 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 bench said it would be better to consolidate the suits before one trial court, preferably the district judge where the main suit is pending. The bench 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 bench fixed the matter for consideration next month.

The Hindu side 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.

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.