PRAYAGRAJ: In a significant development, the Allahabad High Court has granted permission for a scientific survey to be conducted at Gyanvapi mosque. This decision came after dismissing a petition from a Muslim body that contested a lower court's order, which mandated the Archaeological Survey of India (ASI) to carry out the survey. The purpose of this survey is to determine whether the mosque, dating back to the 17th century, was constructed on the site of an ancient temple.
The High Court expressed its satisfaction with the district court's order, emphasizing that no interference with it is warranted. Notably, the court also emphasized that no excavation should be performed during the survey. Advocate Vishnu Shankar Jain, representing the Hindu side, revealed that the High Court stated that the district court's order on the ASI survey would be implemented immediately.
The Varanasi District Magistrate (DM), S Rajalingam, mentioned that the ASI has requested assistance from the local administration to commence the survey from Friday.
The High Court rejected the petition submitted by the Anjuman Intezamia Masjid committee, responsible for managing the mosque. It affirmed that the district court's order for a survey on the disputed premises is reasonable and valid, and there is no reason to doubt the ASI's assurance that the survey will not cause any damage to the structure. Hence, the court reiterated that no digging should take place on the mosque premises.
The district court in Varanasi had previously directed the ASI to conduct a detailed scientific survey, which may include excavations, if necessary, to ascertain whether the Gyanvapi mosque, situated near the Kashi Vishwanath temple, was constructed atop a temple.
On July 25, the Anjuman Intezamia Masjid committee approached the High Court after the Supreme Court temporarily suspended the ASI survey until July 26, providing the committee with an opportunity to appeal against the lower court's order. Subsequently, the Allahabad High Court's Chief Justice, Pritinker Diwaker, reserved the order on the mosque committee's petition on July 27 and also stayed the ASI survey until Thursday.
During the hearing, senior advocate SFA Naqvi, representing the mosque committee, raised concerns about the ASI's intentions, pointing to photographs of their equipment. Chief Justice Diwaker clarified that carrying equipment does not imply an intention to dig, and later, ASI Additional Director Alok Tripathi stated that the equipment was for debris removal, not excavation.
The High Court's decision is crucial, as it rejects the notion that the survey would adversely affect the mosque's structure, as argued by the Anjuman Intezamia committee. The court's dismissal of their petition ensures that the district court's order will be executed without delay.
Notably, the mosque committee had previously argued that the survey should be conducted after the Supreme Court determines the suit's maintainability. However, the court ordered the ASI survey to proceed towards a logical conclusion.
Following the court's decision, Intezamia committee secretary Mohd Yasin stated that they are awaiting a copy of the order and will decide their future course of action after studying it. He urged people to maintain peace during this process.
Madan Mohan Yadav, also representing the Hindu side, mentioned that if the opposing party approaches the Supreme Court, they will file a caveat to ensure their voice is heard on the matter. Meanwhile, Varanasi DM S Rajalingam assured that the ASI would receive all necessary assistance from the district administration to conduct the survey from Friday.
It's important to note that the mosque's "wazukhana," where a structure claimed by Hindu litigants to be a "shivling" exists, will not be included in the survey, as per an earlier Supreme Court order protecting that particular spot in the complex.
The situation revolves around the claim of Hindu activists, stating that a temple existed at the site in the past and was demolished during the 17th century, allegedly under the orders of Mughal emperor Aurangzeb.
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