The Allahabad High Court on Thursday reserved its order on a plea seeking a stay on the scientific survey of the Gyanvapi mosque in Varanasi by the Archaeological Survey of India (ASI) for August 3. The court has also ordered a stay on the survey till August 3, the date the verdict will be delivered.
A bench of Chief Justice Pritinker Diwaker pronounced the order after hearing both parties. The Anjuman Intezamia Masjid, which manages the mosque, filed a petition in the Allahabad HC on Tuesday, challenging an order by the Varanasi court last week that directed ASI to conduct a “scientific survey” of the mosque to ascertain whether the “present structure” was built over a “pre-existing structure of a Hindu temple”.
The Supreme Court on Monday halted till 5 pm Wednesday a “detailed scientific survey” by the ASI to determine if the mosque located next to the Kashi Vishwanath temple in Varanasi was built upon a temple, allowing time for the mosque management committee to appeal against the lower court’s order in the Allahabad High Court.
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During the hearing in the High Court on Wednesday, both sides placed their arguments on whether the ASI survey will damage the structure.
Senior advocate Naqvi, appearing on behalf of the Muslim Committee, said the mosque has been around for 1,000 years and excavation work could damage the structure. Vishnu Jain, the Hindu side’s lawyer, told the court that excavation work will not be carried out inside the mosque and will be conducted only if the circumstances demand it. “That too, in the last stage,” Jain added.
The matter was heard by Chief Justice Pritinker Diwaker. As the hearing remained incomplete, the interim stay which was imposed by the Supreme Court, was extended till Thursday.
Earlier, on July 21, District and Sessions Judge Dr Ajaya Krishna Vishvesha had allowed the ASI survey.
Allowing an application by four Hindu women petitioners, the judge directed the ASI to “conduct Ground Penetrating Radar (GPR) survey just below the 3 domes of the building in question and “conduct excavation if required”. However, the “wazukhana area”, which is also disputed, was to be excluded.
The petitioners had filed a suit seeking the right to worship Maa Shringar Gauri on the outer wall of the Gyanvapi mosque complex, which is located next to the Kashi Vishwanath temple.