Gyanvapi row: Allahabad High Court takes up challenge to survey order

Speaking to The Indian Express later, Senior Advocate S F A Naqvi, representing the mosque committee, said, “The matter was heard by Chief Justice Pritinker Diwaker. Our argument was that this application filed by the Hindu side seeking a survey is not maintainable because the stage of getting a third party for excavation will come when evidence will come from both sides and the court reaches a conclusion that it needs to get the opinion of the ASI to decide the matter. It is too early for a survey to be done.”

Advocate Hari Shankar Jain, representing the Hindu side, said, “They are saying the ASI survey can’t be done because it is not a party to the case. Our argument was that the court has the power to get scientific investigation or expert opinion sought at any stage.”

In its order on Friday, the Varanasi court directed the ASI to do a “scientific investigation/survey/excavation” of the Gyanvapi mosque premises and asked it to “find out” whether the “present structure” was “constructed over a pre-existing structure of a Hindu temple”.

The order was challenged in the Supreme Court. A bench led by Chief Justice of India D Y Chandrachud put the order on hold until July 26 to allow the mosque committee to move the High Court against the district court’s order.

Meanwhile in a separate case, the High Court Tuesday reserved its judgement on a clutch of petitions related to the Gyanvapi mosque-Kashi Vishwanath temple dispute. It will pronounce its verdict in the matter on August 28.

According to lawyers on both sides, the HC was hearing a petition filed by the mosque committee challenging an April 2021 order of a Varanasi court which had ordered an ASI survey.

“The court of Justice Prakash Padia sought some clarifications, and said the judgement will be passed on August 28. The court was hearing a petition related to the title suit

filed by a deity through a representative in 1991,” Naqvi said.

Jain said: “This case was filed in 1991 by the Hindu petitioners on behalf of ancient idols, and an ASI survey was ordered on April 8, 2021 which has been challenged by the

mosque committee in the Allahabad High Court. The prayer in the petition was that the so-called mosque be removed and a temple be built there.”

“On August 28, the High Court is expected to pass a judgement on whether the survey ordered on April 8, 2021 should be done or not and whether this case is barred by the Places of Worship Act,” Jain said.