Pause on Gyanvapi ASI study extended by 1 day

The Archaeological Survey of India (ASI)– which was carrying out the exercise before it was stopped by the Supreme Court on Monday – also told the high court that it will not damage any structure during the survey

The Allahabad high court on Wednesday extended by a day the stay on a controversial survey of the Gyanvapi Masjid complex in Varanasi as it decided to continue hearing the mosque committee’s objections to the exercise meant to determine if it was built over a pre-existing temple.

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Allahabad high court chief justice Pritinker Diwaker was hearing the petition filed by the Anjuman Intezamia Masjid Committee (AIMC) challenging the July 21 order of the court of the Varanasi district judge for a survey of the barricaded area of the Gyanvapi mosque premises by the Archaeological Survey of India (ASI). The hearing will resume at 3.30pm on Thursday.

The Archaeological Survey of India (ASI)– which was carrying out the exercise before it was stopped by the Supreme Court on Monday – also told the high court that it will not damage any structure during the survey.

The Gyanvapi dispute dates back decades, but on July 21, while hearing a petition by four Hindu women, the Varanasi district court directed ASI to conduct a comprehensive survey, using dating, excavation and ground penetrating radar (GPR) techniques, of the plot where the mosque stands, next to the Kashi Vishwanath temple. The judge, however, excluded a section – where the Hindu side claims a Shivling was found and the Muslims say the structure is part of a fountain -- that has remained sealed since a Supreme Court order in May 2022.

On July 24, the mosque committee rushed to the top court against the order, arguing that it was not given adequate time to challenge the order. An apex court bench headed by Chief Justice of India DY Chandrachud stayed till 5pm on July 26 the Varanasi district court’s order, observing that some “breathing time” must be granted to the petitioners to move the high court. That deadline ended on Wednesday evening, and was extended by a day by the high court.

During Wednesday’s hearing, the mosque committee’s counsel, SFA Naqvi, said that the Varanasi district judge came to the conclusion that in the absence of a survey report, issues in the suit could not be decided, but did not discuss other materials before it.

“The present suit was not filed by the trust managing the Vishwanath Mandir, which is the statutory body under the Kashi Vishwanath Temple Act but the same was filed by a third person (five women). Hence, the suit is not maintainable,” Naqvi said.

He said ASI was not made party to the suit but was still directed to conduct the survey and give its expert opinion.

At this, Vishnu Shankar Jain, appearing for the Hindu side, argued that experts need not be made a party to the suit and there was no such law. He gave the example of handwriting experts who are never made a party in a case but whose opinion is often sought by courts.

Naqvi said the plaintiffs had no evidence and wanted to produce evidence only with the help of the ASI survey. On this, the court asked him what harm could be caused to the petitioner if the law permitted such a way of collection of evidence.

At this, Naqvi said this is not the proper stage in the trial and expressed apprehension that the survey might damage the 16th century structure.

Jain said a survey by ASI was not going to cause any harm to the structure and added that the survey report will be further subject to examination. He also told the court that trenches are made to find out what lies below an excavation site.

At this, the court asked, “Will it destroy the mosque?”

“The excavation will be made between the mosque wall and the barricading surrounding it, which will not damage the structure,” Jain responded.

After hearing the parties at length, chief justice Diwaker asked additional solicitor general senior advocate Shashi Prakash Singh to call any ASI expert member to demonstrate how the survey will be conducted.

At 4.30pm, ASI additional director Alok Tiwari told the court that the survey won’t damage any structure. “During the survey, we won’t damage or demolish any structure or its parts like a wall or a pillar. We will not cut or dig any part of the structure. The survey will be done by non-destructive techniques and, for GPR survey, we have contacted experts of IIT Kanpur,” he said.

At 5pm, when the top court deadline ran out, chief justice Diwaker told the ASI official to tell his team to not resume the survey now as the hearing was going on.

The district court order had come on two applications moved by four of the five Hindu plaintiffs who filed a suit in August 2021, demanding the right of unhindered worship at the Maa Shringar Gauri Sthal, located inside the complex that houses idols of Hindu gods. Rekha Pathak, Manju Vyas, Sita Sahu, and Lakshmi Devi filed the application for the survey.

The mosque management committee, in its reply, refuted that the mosque was built over a temple, maintaining the structure at the spot was always a mosque.

The Gyanvapi case is one of several such petitions filed by Hindu groups and individuals in lower courts in Varanasi, Agra and Mathura, seeking redressal on centuries-old disputes involving religious places. The Places of Worship Act 1991 was designed to prevent such disputes but it appears to be ineffective. Proceedings around the law are already before the top court, so the government must clarify its stand on the law, and the SC should consider taking a call.