December 22, 2024
Hindu organizations seek the Supreme Court to conduct an ASI study on “Shivling” in the Gyanvapi-Kashi Vishwanath issue
Supreme Court

Hindu organizations seek the Supreme Court to conduct an ASI study on “Shivling” in the Gyanvapi-Kashi Vishwanath issue

Jan 30, 2024

Last Updated on January 30, 2024 by News Desk

Issue: 

The dispute between Kashi Vishwanath and Gyanvapi raises concerns about the ASI survey of “Shivling.”

Facts of the Case:

With Hindu groups approaching the Supreme Court to request an Archaeological Survey of India survey of a purported Shivling within the mosque premises, the Gyanvapi Mosque-Kashi Vishwanath temple issue has taken a new turn. The Hindu parties contend that the Shivling, which is housed in the mosque fountain, is surrounded by contemporary structures that have nothing to do with the original structure. They argue for an ASI assessment to identify the Shivling’s original source since they contend that these constructions purposefully conceal some aspects of it.

The bench had earlier allowed the ASI to carry out an unannounced inspection of the mosque, with the exception of the purported Shivling building. The next report from the ASI verified that there was an old Hindu temple under the mosque.

Arguments Presented by Parties:

According to the Hindu parties, the current building surrounding the purported Shivling was done on purpose to hide its actual characteristics, which include “Peeth, Pithika, etc.” They have demanded a thorough scientific assessment covering the Shivling, surrounding region, walls, and the sealed part, arguing that the ASI survey is essential to revealing the Shivling’s original source.

The Masjid committee, on the other hand, asserts that the purported Shivling is only a fountain and has no religious significance for Muslims. A complicated interplay between historical claims, religious sensibilities, and the interpretation of the Places of Worship (Special Provisions) Act of 1991 characterizes the ongoing judicial dispute.

Judgement Delivered by Court:

In December 2023, the Allahabad High Court dismissed a Muslim appeal contesting the maintainability of a legal claim Hindu worshippers had brought in 1991. The litigation may proceed since the High Court determined that the 1991 does not preclude it.

Prior to this, the Supreme Court postponed a High Court order for a scientific examination to determine the nature of the object discovered on the mosque grounds. A Hindu temple was indeed located beneath the mosque, according to a later assessment conducted by the ASI. The Hindu parties have petitioned the highest court, asking it to lift the ban on carrying out a Shivling survey. Important issues of historical validity, religious freedom, and the laws governing houses of worship in India are brought up by this case.

Written By: Nikita Shankar @nikitaashankar

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