Gyanvapi dispute: Allahabad HC junks PIL for panel to determine nature of structure found in mosque

High Court says it appears that the plea was filed with the intention to gain publicity 

The Allahabad High Court has now dismissed a Public Interest Litigation (PIL) seeking the formation of a committee to determine the nature of the structure allegedly found during the video survey of the Gyanvapi mosque, saying it appeared that the plea was filed with the intention to gain publicity. 

A Lucknow Bench of the High Court (Justices Rajesh Singh Chauhan and Subhash Vidyarthi) held that several suits pertaining to this issue are already pending in civil courts in Varanasi and that the Supreme Court is also seized of this matter with a Special Leave Petition pending before it. Considering these facts, the high court said it was not proper on the part of the petitioners to invoke its jurisdiction in this matter.

The court was hearing a PIL filed by seven persons claiming to be followers of Sanatan Dharma, seeking that a committee be formed by the State government to determine the nature of the structure found in the survey of the mosque. 

Earlier this year, a civil court had ordered a survey of the mosque while hearing a suit in the ongoing Gyanvapi mosque-Kashi Vishwanath temple dispute. The Anjuman Intezamia Committee had challenged the order directing this survey in the Supreme Court, which had transferred all related suits to the district court in Varanasi. 

Meanwhile, the survey was conducted in Varanasi and the report of the survey was leaked in public domain multiple times in violation of court orders. This prompted the Hindu plaintiffs to claim the discovery of a “Shivling” inside the mosque with the Masjid panel disputing this and insisting that the structure in question was part of the mosque’s wuzu khana (ablution pond). 

In the PIL before the Allahabad High Court, the petitioners had sought permission for Hindu devotees to pray at the structure if it did turn out to be a Shivling as claimed by the plaintiffs to the suit.  

However, the Allahabad High Court noted in its July 19 order that the district court is currently hearing this aspect pertaining to the suit. The district court has already called for objections to the survey report and proceedings are underway in the matter there, it said.