UP :HC reserves order on petition challenging ASI survey of Gyanvapi mosque complex

Uttar Pradesh, July 27 The Allahabad High Court on Thursday reserved its order on a petition challenging the order of the Varanasi district court which directed the ASI to conduct a survey of Gyanvapi Mosque Complex.
The Court after hearing the arguments of counsels of all the sides extended the stay on the scientific survey of the Gyanvapi complex by the Archaeological Survey of India till August 3.
The HC of Chief Justice Pritinker Diwaker fixed August 3 as the next date, the day on which it will deliver its order.
As the hearing on the petition, filed by Anjuman Intezamia Committee, which looks into day-to-day affairs of Gyanvapi mosque, resumed, its counsels re-submitted that the survey by the ASI will be harmful and damage could be done to the structure.
In support of their submission, the counsels submitted that after the court order, the ASI team reached the premises with shovels and other equipment.
During the hearing, the counsel of the Hindu side reiterated that ASI was granted permission for a survey in the Ram Janmabhoomi case.
On this, the counsels of the Muslim side said that in Ram Mandir case the permission was given after the evidence process, whereas in the case of Gyanvapi untimely exercise was being carried out.
Appearing on behalf of the ASI, Additional Director Alok Tripathi informed the court that the ASI was set up in the year 1871. He informed that survey will be done with Ground Penetration Radar (GPR) technique and no excavation will be done.
Appearing on behalf of the Uttar Pradesh government, Advocate General (AG) Arun Kumar Mishra said that maintaining law and order situation was their duty and additional security forces will be required if the survey starts immediately.
The counsels of the Muslim side said that it was necessary to decide the point of maintainability of the civil suit. They said that survey without deciding the legal point of maintainability was wrong.
The court was informed that the issue of maintainability is pending with the Supreme Court. On this, the counsels of the Hindu side said that the matter should be disposed of at the earliest.
The counsels of the Muslim side said that as per the section 3 of the Places of Worship Act, the nature of a religious place could not be changed. They said that neither there could be an appeal or a litigation and all pending cases should be considered disposed of from August 1947.
It may be noted that the Anjuman Intezamia Committee has challenged the order of the Varanasi District court under Article 227 on Tuesday. Before this a caveat was filed by a plaintiff in the case Rakshi Singh on Monday.
Earlier, on July 21 the Varanasi district court had issued directives to the ASI to conduct a scientific survey of the Gyanvapi complex and submit its report by August 4.
However, Anjuman Intezamia Committee moved the Supreme Court which in its interim order on Monday stayed the Varanasi district court’s order asking ASI to carry out a survey of Gyanvapi mosque, until 5:00 PM on Wednesday.
“We are of the view that some breathing time should be granted to appeal,” the Apex Court’s Chief Justice of India (CJI), Dr Dhananjaya Yeshwant Chadrachud, who led the bench, had said.
The Apex Court passed the interim order after hearing a mention by Anjuman Intezamia Masjid, challenging the Varanasi district court’s order for an ASI survey of the mosque complex, adjacent to Kashi Vishwanath temple.