Muslim side files plea to stop ongoing survey of Gyanvapi

The Muslim side has filed an application to stop the ongoing scientific survey of the Gyanvapi mosque premises by the Archaeological Survey of India (ASI). The Anjuman Intezamia Masjid Committee argued that the Hindu plaintiffs have not deposited the required expenses for the survey. The court has scheduled a further hearing for August 17.

The Muslim side on Wednesday filed an application before the Varanasi district court, seeking an order to stop the ongoing scientific survey of the Gyanvapi mosque premises by the Archaeological Survey of India (ASI).

The ASI survey of the Gyanvapi mosque, which abuts the Kashi Vishwanath temple, restarted on August 4 (PTI)

In its application, the Anjuman Intezamia Masjid Committee (AIMC), which manages the Gyanvapi mosque, argued that the Hindu plaintiffs have not deposited the expenditure for the survey, as mandated under the General Rules (Civil).

Section 70 of the General Rules (Civil), which is applicable to all matters in civil courts subordinate to the high court, mandates that all expenses to be incurred on a commission are to be deposited in advance in the court before the commencement of proceedings. The expenses are to be deposited by the party concerned, which in the present matter are Hindu plaintiffs — Rekha Pathak, Laxmi Devi, Sita Sahoo, Manju Vyas.

“…ASI has not given any written or vocal information regarding the survey to us (the) defendants so far, neither any time was determined for it,” the AIMC said in its application.

“The proceeding of the survey is against the rule… We urged the court to pass an order to stop the survey being done by the ASI in Gyanvapi premises,” Akhlaque Ahmad, counsel for mosque panel, said.

The court posted the matter for further hearing on August 17.

The Hindu side, however, said they will file an objection against the application. “We will file an objection against the application on August 17, which is the next date of hearing,” Subhash Nandan Chaturvedi, counsel for Hindu plaintiffs, said.

The ASI survey of the Gyanvapi mosque, which abuts the Kashi Vishwanath temple, restarted on August 4 after the Allahabad high court cleared the decks for it the previous day, holding that scientific investigation was necessary in the interest of justice and would benefit both parties. The Supreme Court has refused to stay the survey.

On July 21, the Varanasi court ordered the survey to determine whether the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple.

On Wednesday, the ASI survey continued for the sixth consecutive day amid heavy security. A 41-member ASI team, led by agency’s additional director general Prof Alok Tripahi, is involved in the exercise.