The District Court of Varanasi on 14th July 2023, Friday has reserved its verdict on an
application filed by four Hindu women seeking a survey of the whole Gyanvapi premises by
the ASI to ascertain whether the Mosque had been built over an already existing structure of
the Hindu temple. The application was moved in the month of May 2023 by the four Hindu
women under Section 75(e) and Order 26 Rule 10 A of the Code of Civil Procedure 1908.
The Varanasi District Court has reserved its order on carbon dating as part of the survey in
the Gyanvapi mosque. The court will pronounce its judgement on 21 st July 2023.
Facts of the case are:
(1) The application provides that Swayambhu Jyotirlinga existed at the disputed site
(premises of Gyanvapi Mosque) for almost lakhs of years. However, it was
damaged/destroyed on various occasions by Islamic invaders who possessed deep-
rooted hatred against the idol worshippers and infidels starting with the Mahmud
Ghazni’s attack in 1017 A.D.
(2) The application further provides that one of the most cruel and fanatic Mughal
Emperor, Aurangzeb ordered in 1669 to destroy the temple of God Adivisheshwar at
the disputed site and in accordance with the command of the Mughal Emperor, his
subordinates followed the command and destroyed the above-mentioned temple.
(3) It is pertinent to mention that the plea also mentions about a new temple known as
Kashi Vishwanath which was built in the year 1777-1789 by the queen of Indore,
Maharani Ahilyabai Holkar.
(4) The application further provides that the site in question (Gyanvapi Mosque),
presently in a dilapidated situation, properly provides its evidence about its ancient
past and after seeing the structure of the building, one can sufficiently say that the
building structure is the remains of an ancient temple of Hindus and that the current
structure cannot be regarded as a Mosque by any possible way.
(5) To support the assertions, the application states the incident when on 16 th May 2022
the Advocate Commissioners, following the orders of the court, conducted a survey of
the temple and claimed of discovering a ‘Shivling’ on the building’s first floor, which
was sealed later according to the orders of the Supreme Court.
(6) The application refers to the report of the Advocate Commissioners and further
elaborates about how the whole premises of the Mosque has various signs and
artefacts of Hindu Temple.
(7) In addition, the application also provides that assumptions and presumptions
howsoever strong it may be, must be established by scientific methods before the
court to arrive to a conclusion which is logical and based on material gathered and
report prepared by a responsible fact-finding expert agency. Hence, the application
prays for an ASI Survey of the whole premises of the Gyanvapi Mosque.
(8) The application states that oral evidence is not sufficient to establish the facts and can
only be established before the court based on an expert opinion which the ASI can
provide in this present case.
(9) The application states that under Section 45 of the Indian Evidence Act, 1872 the ASI
should be directed to conduct a survey and provide its report.