ASI seeks Varanasi district administration cooperation for Gyanvapi survey
On July 21, the court of the Varanasi district judge had ordered an extensive survey of the Gyanvapi mosque by the ASI
The Archaeological Survey of India (ASI) has sought assistance from the Varanasi district administration to resume its survey in the barricaded area of Gyanvapi, excluding its sealed section, on Friday. The move comes as the Allahabad high court on Thursday gave the go-ahead for the exercise.
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The survey will begin between 7 and 8am on Friday, said Subhash Nandan Chaturvedi, a counsel for four Hindu women plaintiffs in the Shringar Gauri-Gyanvapi case.
The district administration got a letter from ASI additional director general Alok Tripathi on Thursday, seeking cooperation and assistance for the survey, said a senior official.
District magistrate S Rajalingam said, “ Order of the high court will be complied with. The ASI has sought our (administration’s) cooperation to start the survey from tomorrow (Friday). The administration will provide whatever cooperation and help they (ASI team members) need (for the survey).”
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On July 21, the court of the Varanasi district judge had ordered an extensive survey of the mosque by the ASI to ascertain whether it was built over a pre-existing temple, while holding that a scientific probe is necessary for truth to come out.
The judge, however, excluded a section – where the Hindu side claims a Shivling was found and the Muslims say the structure is part of a fountain – that has remained sealed since a Supreme Court order in May 2022.
The court of the Varanasi district judge was hearing a petition by four women Rekha Pathak, Manju Vyas, Sita Sahu and Lakshmi Devi. They were among the five Hindu women (Rakhi Singh being the other) who had filed the Shringar Gauri-Gyanvapi case in August 2021 seeking permission for unhindered worship at Maa Shringar Gauri sthal.
Thereafter, a 40-member team of ASI reached Varanasi on July 24 and conducted survey in the Gyanvapi complex for over four- and-a-half hours.
Later the same day (July 24), the Supreme Court halted till 5 pm on July 26 the “detailed scientific survey”. The apex court said “some breathing time” needed to be granted to appeal the order of the court of the Varanasi district judge who had allowed the exercise.
Following the Supreme Court order, the ASI halted the survey on a plea by the Anjuman Intezamia Masjid Committee of the Gyanvapi mosque.
“Having regard to the fact that the order of the district court was pronounced at 4.30pm on 21 July 2023 and the survey is in the process of being carried out today, we are of the view that some ‘breathing time’ must be granted to the petitioners to move the High Court for pursuing their remedies. We direct that the impugned order of the District Court shall not be enforced until 5 pm on 26 July 2023. This shall not be construed as the expression of opinion on the merits,” the bench comprising Chief Justice of India D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra had ordered.
The top court had said the mosque committee was at liberty to move the high court against the order of the district judge, Varanasi. The Allahabad high court on July 27 had extended ongoing stay on the survey of Gyanvapi Masjid till the verdict was pronounced on August 3. The high court had said that the July 24 Supreme Court order temporarily suspending the survey of the mosque will operate till August 3. Allahabad high court chief justice Pritinker Diwaker gave the order while hearing plea filed by the Anjuman Intezamia Masjid Committee which challenged the order of the court of the Varanasi district judge for the survey. On Thursday, the high court vacated the stay and restored the Varanasi court order.
