Allahabad High Court Adjourns Hearing on Gyanvapi Mosque ASI Survey Till April 15th

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The decision to adjourn the case was taken in light of a directive from the Supreme Court, which has instructed courts across India not to issue any orders related to lawsuits concerning religious places.

Prayagraj, Uttar Pradesh, February 24 – The Allahabad High Court has postponed the hearing of a petition seeking an additional survey of the Gyanvapi mosque in Varanasi by the Archaeological Survey of India (ASI).

The next hearing is scheduled for April 15, 2025.

The decision to adjourn the case was taken in light of a directive from the Supreme Court, which has instructed courts across India not to issue any orders related to lawsuits concerning religious places.

The order was given by Justice Rohit Ranjan Agarwal while hearing a civil revision petition filed by Rakhi Singh. She is one of the plaintiffs in an ongoing case before the Varanasi district court.

Background of the Petition

The petition challenges an earlier decision made by the Varanasi district judge on October 21, 2023. In that order, the district judge declined to allow the ASI to conduct a survey of the Wazukhana area of the Gyanvapi mosque, except for the section where a ‘Shiva Linga’ is believed to be present.

When the Allahabad High Court took up the case on Monday, it was informed that a related matter is already pending before the Supreme Court and is expected to be heard in the first week of April 2025. Taking this into account, the High Court decided to postpone its hearing until April 15, 2025.

This adjournment aligns with the Supreme Court’s instructions that no lower courts should pass any judgments on matters concerning religious sites until further notice.

Gyanvapi Mosque

The Gyanvapi Mosque has been a subject of controversy, with claims that it was constructed over the remnants of the Kashi Vishwanath temple. Multiple petitions have been filed in various courts, including the Supreme Court, Allahabad High Court, and Varanasi district court, addressing different facets of the matter.

The dispute traces back to a 1991 petition in the Varanasi court, seeking the restoration of Gyanvapi land to the Kashi Vishwanath temple. The petitioners argued that Mughal ruler Aurangzeb demolished part of the temple in the 16th century to construct the mosque.

Following the Supreme Court’s 2019 verdict in the Babri Masjid-Ram Janmabhoomi dispute, lawyer Vijay Shankar Rastogi revived the case, prompting a court directive for an ASI survey. This led to a series of legal developments and counteractions.

The case has seen multiple judicial rulings, including stays and legal challenges. In 2021, the Allahabad High Court halted proceedings in the Varanasi court, citing the Places of Worship Act, 1991, which bars alterations to the religious character of places of worship as they stood on August 15, 1947.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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