Allahabad HC clears Gyanvapi survey, mosque panel knocks on SC door

Within hours of the High Court order, the mosque committee approached the Supreme Court for an urgent hearing. Its counsel informed Chief Justice of India D Y Chandrachud, who was presiding over a five-judge Constitution Bench hearing the Article 370 matter, that he had sent an email to the court. The CJI said he would look into it.

Varanasi District Magistrate S Rajalingam said the ASI survey will start Friday. “The ASI has sought assistance for starting the survey from tomorrow. Whatever help is needed by them, it will be provided… We have a plan for security arrangements. We will inform both sides,” he said.

On July 21, Varanasi District and Sessions Judge A K Vishvesha had directed the ASI Director to “undertake scientific investigation/survey/excavation at the property in question i.e. settlement plot number 9130 (Gyanvapi mosque)”. The survey was to exclude the wuzukhana area sealed by the Supreme Court.

On Thursday, the bench of Chief Justice Diwaker also asked the Varanasi court to “make all endeavour to conclude the proceedings expeditiously, without granting unnecessary adjournments to either of the parties, by giving short dates”.

“In the opinion of the Court, the scientific survey/investigation proposed to be carried out by the Commission is necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and come in aid of the trial court to arrive at a just decision,” the bench said.

It said the dismissal of the writ petition filed by the mosque committee “does not affect the right of the parties to the Suit to remain present at the time of scientific investigation to be made by the ASI”.

“The order dated 21.7.2023 passed by the District Judge, Varanasi is restored and the parties are to comply…,” it said, adding “there is no substance in the argument” that the applications filed by the plaintiffs (Hindu petitioners before the Varanasi court) “seeking scientific investigation of the structure in question are not tenable in the eyes of law just because the issues have not been framed as yet”.

“The scientific investigation has nothing to do with the other evidence and whatever evidence would be collected, that may be for all the parties and not only for the plaintiffs,” the High Court said.

It took note of the submission by an ASI official who was present in court and the Additional Solicitor General “that no excavation whatsoever will take place”.

“…this Court has repeatedly asked the officer present in the Court and learned counsel appearing for the ASI that… what procedure would be adopted at the time of scientific investigation, and they have reiterated that no demolition of the property will take place by anyone, nor any existing structure would be altered,” the order stated.

– With ENS from New Delhi