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Gyanvapi case: HC extends stay on Varanasi court order
The petitioner, Anjuman Intezamia Masajid, the Gyanvapi Mosque Management Committee of Varanasi and others, had filed the petition challenging the maintainability of an original suit filed in 1991 in the Varanasi district court.
The Allahabad high court on Wednesday extended an interim stay till October 31 on a Varanasi court order directing the Archaeological Survey of India to conduct a survey of the Kashi Vishwanath temple-Gyanvapi mosque complex and further proceedings in the case.
Justice Prakash Padia, after hearing the parties concerned, fixed October 18 as the next date of hearing in the case.
The petitioner, Anjuman Intezamia Masajid, the Gyanvapi Mosque Management Committee of Varanasi and others, had filed the petition challenging the maintainability of an original suit filed in 1991 in the Varanasi district court.
The original suit sought restoration of the ancient Kashi Vishwanath Temple at the site where the Gyanvapi Mosque currently stands. The petitioners claimed in the suit that the mosque is a part of the temple.
It is to recall that on September 9, 2021, the high court had stayed the Varanasi court’s order dated April 8, 2021, by which a direction was issued to the Archaeological Survey of India (ASI) to conduct a physical survey at the Kashi Vishwanath Temple-Gyanvapi Mosque complex.
Earlier, on September 12, Justice Padia also directed the director-general of ASI, New Delhi, to file his personal affidavit in the case within 10 days as the counter affidavit filed by ASI was “very sketchy” and the matter was of “national importance”.
Pursuant to the order dated September 12 passed, an affidavit was filed by Abinash Mohanty, Superintending Archaeologist, Archaeological Survey of India, Varanasi along with an application for exemption as director-general was unfit and not in position to file his personal affidavit.
However, the court observed, “Since the matter is of national importance and fact that the suit is pending before the trial Court since 1991, this Court hopes and trust that the respondent No.7/the Director General, Archaeological Survey of India, New Delhi will comply with the order dated 12.09.2022 in its letter and spirit on or before the next date fixed in the matter, i.e., 18.10.2022.”
