Allahabad HC extends stay on survey in Gyanvapi till August 3
ASI carried out the survey for about four-and-a-half hours on July 24 before it was stopped by the apex court the same day.
The Allahabad high court on Thursday completed hearing the Gyanvapi Masjid committee’s petition challenging a controversial survey of its premises, and reserved its judgment, extending an ongoing stay on the contentious exercise until the verdict is pronounced on August 3.
High court chief justice Pritinker Diwaker said a July 24 order by the Supreme Court temporarily suspending the survey of the mosque premises will operate till August 3.
Chief justice Diwaker was hearing the petition filed by the Anjuman Intezamia Masjid Committee (AIMC) challenging the July 21 order of the Varanasi district court for a survey of the barricaded area of the Gyanvapi mosque premises by the Archaeological Survey of India (ASI).
ASI additional director Alok Tripathi told the HC on Thursday that ASI will not dig in the premises.
“ASI is not going to dig the structure or cause any damage to it, if survey is conducted,” said Tripathi.
The Gyanvapi dispute dates back decades, but on July 21, while hearing a petition by four Hindu women, the Varanasi district court directed ASI to conduct a comprehensive survey, using dating, excavation and ground penetrating radar (GPR) techniques, of the plot where the mosque stands, next to the Kashi Vishwanath temple. 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.
On July 24, the mosque committee rushed to the top court against the order, arguing that it was not given adequate time to challenge the order. An apex court bench headed by Chief Justice of India DY Chandrachud stayed till 5pm on July 26 the Varanasi district court’s order, observing that some “breathing time” must be granted to the petitioners to move the high court.
ASI carried out the survey for about four-and-a-half hours on July 24 before it was stopped by the apex court the same day. During the hearing on Thursday, mosque committee counsel, SFA Naqvi, said that any survey should be done after the Supreme Court decides on maintainability of the original suit.
Appearing on behalf of Uttar Pradesh, advocate general Ajai Mishra said, “The state is there to maintain law and order and had no concern with the survey.”Representing the Hindu side, Vishnu Shankar Jain said that the ASI survey was necessary to come to a logical conclusion.
“Court cannot (be) used to collect evidence by sending a commission to collect it, when the plaintiff had no evidence in support of his case,” Naqvi argued.
Jain countered the argument. “Existence and non-existence of deities is a matter of evidence. To secure evidence, which parties are not in position to produce themselves, the court can issue commission to collect such an evidence and the commission will collect evidence in this regard.”
“The court ordered an ASI survey to come to a logical conclusion about the existence of deities and the nature and the age of the structure,” he added.
Naqvi expressed concern about ASI digging on the premises. “We have attached photographs of various digging equipment which ASI was carrying when it reached the mosque premises. It shows that they had intentions of digging at the spot,” he argued.
In response, the chief justice said that ASI personnel were carrying equipment, but it didn’t show that they had intentions of digging. Later, Alok Tripathi clarified that as the ASI team visited the mosque site for the first time, it carried some equipment to remove debris.
“The ASI team was visiting the mosque site for the first time. It carried some equipment... but not for digging rather to remove the debris on the site,’ said Tripathi.
In his arguments, Jain claimed that there were various engravings of Hindu religion on the western wall of the structure. “There are a number of Hindu artefacts on the walls and inside the mosque,” he added.
Reacting to the development, Anjuman Intezamia Masjid Committee joint secretary SM Yasin said, “Gyanvapi Masjid is a mosque. I don’t want to say anything more than that right now.”
