Parties in Gyanvapi, Krishna Janmabhoomi, Sambhal mosque disputes reject SC’s mediation push
The Supreme Court has launched ‘Supreme Court Case for Mediation and Harmonization of Disputes Nationwide’ (SAMADHAN SAMAROH) to promote amicable resolution of pending cases through mediation, ahead of the Special Lok Adalat scheduled to be held on August 21, 22 and 23.
As part of the initiative, parties to some of the outstanding issues were asked to explore the possibility of an amicable solution.
Hindu side lawyer Madan Mohan Yadav in the Gyanvapi case said that the Supreme Court has asked both the parties to appear before the Varanasi court’s mediation center on July 14 to explore a possible solution.
However, Yadav said the Hindu side wanted the dispute to be resolved only on legal grounds.
“We decided that the temple belongs to us and the Muslim side is the encroacher. The mosque side should vacate the building so that a large Kashi Vishwanath temple can be built in the original Jyotirlinga area,” he said.
Mohammad Yasin, secretary of the Anjuman Intezamia Masjid Committee, said thousands of similar disputes were ongoing across the country and he doubted whether mediation would lead to any resolution. He said the committee was still considering whether to participate in the mediation process.
The Gyanvapi issue in Varanasi is an ongoing civil case involving conflicting claims regarding the religious status of the Gyanvapi mosque located adjacent to the Kashi Vishwanath Temple.
The Hindu side claims that the mosque was built after Mughal Emperor Aurangzeb destroyed parts of the ancient temple in the 17th century.
The Muslim side argues that the mosque pre-dates Aurangzeb’s reign and is a legitimate Waqf property.
On the Sambhal Shahi Jama Masjid-Hari Har temple dispute, mosque committee advisor Shakeel Ahmad Warsi said the issue was related to religious beliefs and was too sensitive to be resolved through compromise.
“This is a sensitive issue involving Hindus, Muslims and religious beliefs. Whether it is a temple or a mosque should be decided by the court and not through mutual consensus,” Warsi told PTI.
He said the Muslim side had informed the court that anyone could want to intervene in the case but such attempts should not be guided by malicious intentions as the matter relates to a religious place.
Hindu side lawyer Gopal Sharma said he was not aware of any offer of mediation in the Sambhal case.
The Sambhal dispute is similar to the Varanasi issue, where there are conflicting claims regarding the religious character of the site.
Hindu petitioners claimed that the 16th-century Jama Masjid was built on the site of an ancient Hari Har Mandir, but this claim was disputed by the Muslim side.
Mediation proceedings in the Sri Krishna Janmabhoomi-Shahi Eidgah dispute, conducted before the District Legal Services Authority in Mathura earlier this month, failed as no representative from the Muslim side attended the meeting, said Hareram Tripathi, lawyer for the Hindu side.
He said both parties were invited twice to participate in the reconciliation process, but the Muslim side did not show up, following which the mediation process was closed.
According to Tripathi, Sri Krishna Janmabhoomi Trust had suggested that if the Muslim side relinquishes its claim over the disputed area, the trust may consider providing land for the construction of a mosque elsewhere.
He said the Muslim side had conveyed that it was not willing to resolve the dispute through mediation and preferred to try it through regular court proceedings.
While the Allahabad High Court has fixed July 17 for further proceedings in the matter, the Supreme Court may take up the matter during the Special Lok Adalat in August as part of the mediation initiative.
PTI’s attempts to contact Tanveer Ahmad, secretary of the Shahi Eidgah Intezamiyah Committee and advisor to the Muslim side, for a comment did not yield a response.
Hindu litigant Mahendra Pratap Singh said the Hindu side continues to argue before the court that the disputed area is the birthplace of Lord Krishna and will pursue the matter through judicial process.
The Sri Krishna Janmabhoomi-Shahi Idgah dispute in Mathura arose after the Hindu side filed a petition claiming that the mosque was built at the birthplace of Lord Krishna in the 17th century.
