Supreme Court Interim Stay on Investigation of Gyanwabi Masjid Complex near Kashi Vishwanath Temple
New Delhi: The Supreme Court has placed an interim stay on the Archaeological Department’s investigation of the Gyanwabi Masjid complex located next to the Kashi Vishwanath Temple in Varanasi, Uttar Pradesh. The Varanasi court had previously granted permission for the investigation, but the Supreme Court has now stayed its order until the evening of July 26 (Wednesday).
A petition was filed in the Supreme Court on behalf of the mosque management, seeking time to file a petition against the Varanasi District Court’s order. Senior lawyer Hushiba Ahmadi, representing the mosque administration, requested that the case be treated as urgent. Taking cognizance of this, the bench led by the Chief Justice of the Supreme Court banned the investigation until Wednesday. The Supreme Court also directed the Allahabad High Court to hear the case filed by the mosque management challenging the archaeological survey before the injunction expires.
The Supreme Court had previously instructed the Uttar Pradesh government’s Solicitor General Tushar Mehta to inform the archaeological department not to carry out any encroachment work or survey on the mosque premises.
According to the Varanasi court’s June 21 order, the archaeology department began excavating the Gyanwabi Masjid on Monday morning. Police were present in the surrounding areas where the mosque is located. Approximately 40 people, including archaeology officials, four Hindu women prosecuting the case, their lawyers, and the management team of the Gyanwabi Masjid, entered the mosque.
In the case seeking an investigation by the Department of Archaeology, Varanasi District Judge AK Viswesha stated in the order, “The Indian Department of Archaeology should conduct a scientific field survey of the Gyanwabi Mosque in Varanasi. The survey should not be limited to the Osukana area. The mosque should not be damaged during the survey. Prayers may be conducted during the survey. The Archaeology Department should submit a report by August 4.”
The Kashi Vishwanath Temple is located in Varanasi, Uttar Pradesh, adjacent to the Gyanwabi Mosque. In 2021, five Hindu women filed a petition in the Varanasi district court, seeking permission to worship Goddess Singhara Gauri, located on the wall of the mosque. Following this, the court ordered a field survey to be conducted at the Gyanwabi Mosque, which revealed the presence of a Shivalingam in the middle of the Osukana area.
In response, a petition was filed in the Varanasi district court on behalf of four Hindu women, demanding a survey of the Gyanwabi Masjid by the Archaeological Department of India. The argument presented by the Hindu women stated, “The Gyanwabi Mosque is built on the temple of Adi Visveswar. To confirm this, an archaeological survey should be conducted at the Gyanwabi Masjid.”
The administration of the Gyanwabi Masjid countered these claims, stating that the mosque was not built on any place of worship. The arguments from both sides concluded on July 14, and subsequently, on July 21, the district court allowed an inquiry into the case.
With the Supreme Court’s interim stay, the investigation by the Archaeological Department has been temporarily halted, awaiting further hearings and decisions.