Prayagraj (UP): The Allahabad High Court on Thursday dismissed a petition filed by the Gyanvapi committee challenging a district court order directing the Archaeological Survey of India (ASI) to conduct a survey to determine if the mosque was built upon a temple.
It said the district court order is just and proper, and no interference from this court is warranted.
The Varanasi district court had on July 21 directed the ASI to conduct a “detailed scientific survey” -– including excavations, wherever necessary — to determine if the Gyanvapi mosque located next to the Kashi Vishwanath temple is built upon a temple, PTI reported.
Chief Justice Pritinker Diwakar had reserved the order on the committee’s petition on July 27 after hearing the counsels for both parties.
The High Court allowed the ASI to conduct survey of the Gyanvapi mosque complex in Varanasi. The HC dismissed Anjuman Intezamia Masjid Committee’s plea, challenging the ASI survey of the complex, adjacent to Kashi Vishwanath temple in Varanasi. The Anjuman Intezamia Masjid Committee had challenged the Varanasi District Judge’s July 21 order.
Suorces said the All India Muslim Personal Law Board is likely to move the Supreme Court challenging the Allahabad HC order.
On July 21, Varanasi district judge A K Vishvesha ordered the ASI survey of the Gyanvapi complex on an application moved by four Hindu women on May 16, 2023. The order of the district judge, however, excluded the Wuzu Khana (ablution pond area) of the complex, which has been sealed on the order of the top court.
Earlier the Allahabad High Court asked the ASI to not start the survey of Gyanvapi mosque in Varanasi as the hearing on the matter is underway after Supreme Court put on hold till 5 pm July 26 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.
The court was hearing a plea against a district court order directing the ASI to conduct the controversial survey. Supreme Court earlier corrected its order in relation to the Gyanvapi mosque case whereby on July 24 it inadvertently disposed of an appeal of the committee questioning the maintainability of a suit by Hindus in the trial court seeking worship rights inside the mosque.
While granting the relief on the interim plea by staying ASI survey, the top court disposed of the main case on July 24. The mosque committee had moved the top court with its interim plea in the pending petition seeking a stay of ASI work.
