Kashi Vishwanath-Gyanvapi case: HC extends stay on survey at disputed site, says affidavit by ASI DG is sketchy

The petitioner, Anjuman Intezamia Masazid of Varanasi, had challenged the maintainability of the original suit filed in 1991 in the Varanasi district court.

The high court on September 9, 2021, stayed the Varanasi court’s order dated April 8, 2021.

After a request by the counsel for the petitioner, Justice Prakash Padia on Tuesday granted 10 days to file a supplementary rejoinder affidavit and fixed September 12, 2022 as the next date of hearing in the case.
Counsel for respondent Ajay Kumar Singh argued that “from the reading of Section 3 of of the Places of Worship (Special Provisions) Act, 1991, it is clear that it relates to the prohibition of conversion of a place of worship and the plaintiff does not seek the conversion of the place”.

He argued that the religious character of the place in dispute is of a “temple that is in existence from ancient times till today, and therefore, for better adjudication of the application, evidence should be led”.

The high court said, “In so far the respondent No.7/Union of India, Ministry of Culture through Director General, Archeological Survey of India-New Delhi, is concerned, nobody is present when the matter is taken up.” A short counter affidavit has been filed by respondent No.7, it said.

”The aforesaid counter affidavit is also very sketchy and runs only into two and a half pages. Since the matter is of national importance, the Director General, ASI, New Delhi is directed to file his personal affidavit in the matter within ten days,” observed Justice Prakash Padia.

The court also directed the Additional Secretary (Home) of the Uttar Pradesh Government to file his personal affidavit in the matter within 10 days.

The original suit was filed in 1991 in Varanasi district court seeking restoration of the ancient temple claimed to be present at the site where the Gyanvapi mosque currently stands.