Gyanvapi mosque case: HC resumes hearing mosque committee's appeal against ASI survey

The mosque is located next to the Kashi Vishwanath temple in Varanasi. Pic/PTI

The Allahabad High Court on Wednesday resumed hearing a plea against a district court order directing the Archaeological Survey of India to conduct a survey to determine if the Gyanvapi mosque in Varanasi was built upon a temple, reported PTI.

After hearing arguments in the matter on Tuesday, Chief Justice Pritinker Diwaker had posted it for further hearing on Wednesday. On Tuesday, Anjuman Intezamia Masjid, which manages the mosque, moved the high court, a day after the Supreme Court halted the ASI survey till 5 pm Wednesday, allowing time for the mosque management committee to appeal against the lower court's order.

The counsel for the committee, senior advocate SFA Naqvi, prayed for early hearing of the case before Chief Justice Diwaker stating that there is an urgency as the apex court's order will expire on Wednesday. The Chief Justice said he will hear the matter if the parties have no objection.

Vishnu Shankar Jain, the counsel for the respondent (Hindu side), submitted that in the Ram Mandir case, a survey was conducted by the ASI and the same was accepted by the high court as well as the Supreme Court.

The mosque is located next to the Kashi Vishwanath temple in Varanasi and Hindu litigants in the district court had sought the survey to determine whether a temple existed at the same spot earlier.

The Varanasi district court on Friday ordered the ASI to conduct a survey using technologies like ground penetrating radar and excavations, if necessary. The apex court's Monday order to pause the survey came while the ASI team was inside the mosque complex.

Earlier, the Supreme Court said that no ASI survey will be conducted of Gyanvapi mosque complex till July 26. The apex court said that Allahabad High Court order shall not be enforced till July 26. In the meantime, the mosque committee shall move High Court. Supreme Court had asked the Gyanvapi mosque management committee to approach the Allahabad High Court against the Varanasi district court order on ASI survey of the mosque complex.

On Supreme Court's order, Vishnu Shankar Jain, representing the Hindu side in the Gyanvapi mosque case, says "The SC has passed a stay on the execution of the order of the Varanasi court on survey of the Mosque complex to allow the Anjum to challenge the same before the High Court."

(PTI)