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Gyanvapi case: High court extends stay on order for ASI survey
Stating that the matter was of “national importance”, Justice Prakash Padia asked the director general of ASI, New Delhi, to file a personal affidavit in the matter by October 18, the next date of hearing in the case.
Prayagraj: The Allahabad high court on Wednesday extended till October 31 the stay on a Varanasi court’s order directing the Archaeological Survey of India (ASI) to conduct a physical survey at the Kashi Vishwanath temple-Gyanvapi mosque complex.
Stating that the matter was of “national importance”, Justice Prakash Padia asked the director general of ASI, New Delhi, to file a personal affidavit in the matter by October 18, the next date of hearing in the case.
“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,” the court ordered.
The petitioner, Anjuman Intezamia Masajid, the management committee of the Gyanvapi mosque of Varanasi, had moved the high court challenging the maintainability of an original suit filed in 1991 in the Varanasi district court.
The original suit — filed by Ancient Idol of Swayambhu Lord Vishweshwar (Lord Vishwanath) and five others — sought the restoration of the land on which the Gyanvapi mosque stands to Hindus. The petitioners also claimed that the mosque was built in the 17th century after partially razing the Hindu temple and so it was part of the Kashi Vishwanath temple.
On September 9 last year, the high court stayed the Varanasi court’s order dated April 8, 2021, by which a direction was issued to the ASI to conduct a physical survey at the Kashi Vishwanath-Gyanvapi complex to determine whether a Hindu temple was partially razed to build the Gyanvapi mosque in the 17th century.
On September 12, Justice Padia had directed the director general, ASI, New Delhi, to file her personal affidavit in the case within 10 days, saying the counter affidavit filed by ASI in the case was “very sketchy”. However, the court was informed by Abinash Mohanty, superintending archaeologist, ASI, Varanasi that the DG, ASI, Delhi was unfit and not in the position to file her personal affidavit.
