Gyanvapi Dispute: Both Sides Reject Mediation, Case Heads Back to Court

Lawyers familiar with the matter said on Wednesday that the resolution of the Gyanvapi dispute is likely to take longer after both the Hindu and Muslim sides in Varanasi declined mediation and asserted that the matter should be resolved by the courts. This followed a Supreme Court initiative to seek an amicable resolution in the case. Next steps would now entail a renewed process of formal court hearings, procedural requirements, frequent adjournments, and delays in evidence collection.

The Hindu side asserts that the Gyanvapi mosque was constructed following the demolition of a temple during the Mughal period, while the Muslim side contends that it is a valid Waqf property and disputes the claims made by the Hindus.

“As both sides have rejected mediation, the dispute will not settle out of court. The case will now proceed to standard litigation or arbitration... it will be a time-consuming process,” said Adarsh Tiwari, a Lucknow-based advocate.

Both parties had appeared before the mediation centre at a Varanasi court on Tuesday as part of the apex court’s initiative titled ‘Supreme Court Action for Mediated Adjudication and Disputes Harmonisation Across Nation’, which aims to promote the settlement of outstanding cases prior to a special Lok Adalat scheduled for August 21-23. The cases – Rakhi Singh vs Anjuman Intezamia Masajid Committee, Anjuman Intezamia Masajid Committee vs Shailendra Pathak Vyas and others, and Anjuman Intezamia Masajid Committee vs Lakshmi Devi and others – were listed for mediation in the pre-Lok Adalat sitting.

Rajesh Mishra, the special prosecutor for the Gyanvapi case representing the U.P. government, said the mediation panel included Additional District Judge Alok Kumar, civil judge (junior division) Nitin Singh, and senior advocate Mahendra Pandey. “Both parties appeared before the mediation panel during the hearing at the District Legal Services Authority and declined to settle the Gyanvapi case through mediation,” he told local media.

In January 2024, the Varanasi District Court had permitted puja in the Vyas Tehkhana, the southern cellar of the Gyanvapi mosque. The Allahabad High Court then dismissed the Gyanvapi mosque committee’s appeal challenging the district court order, directing the Varanasi District Magistrate to make necessary arrangements for the Shri Kashi Vishwanath Temple Trust to conduct worship rituals.