The Allahabad High Court on August 3 upheld the order of Varanasi district court for conducting a ‘scientific survey’ of Gyanvyapi mosque by the Archaeological Survey of India (ASI). The court, hence, rejected the plea filed by Anjuman Intezamia Masajid Committee which had challenged the district court’s order in the HC.
The District Magistrate of Varanasi, S. Rajalingam, confirmed to The Hindu that the ASI had informed the administration that it would commence the survey of the mosque premises (except the ‘wazukhana’) from Friday.
“We will provided all the needed assistance to the ASI,” Mr. Rajalingam added.
While upholding the lower court’s order on the scientific survey in which the district court had asked the ASI to file a report on whether the Gyanvyapi mosque “structure” was “constructed over a pre-existing structure of a Hindu temple”, the Bench of Chief Justice Pritinker Diwaker said that once the experts in the subject matter had made it clear that the survey would not damage anything, there was no room left for doubt.
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“Once the Department of Archaeology and learned Senior Counsel representing the Department have made their stand clear that no damage is going to be caused to the property in question, this Court has no reason to doubt their statements and most importantly, the affidavit filed by the officer of the ASI explaining the circumstances,” the court stated.
The court added that the scientific survey/investigation proposed to be carried out by the commission was “necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and aid the trial court in arriving at a just decision”.
“.....The present petition lacks substance and is liable to be dismissed,” the order reads, adding that the dismissal of this writ petition did not affect the right of the parties to the suit to remain present at the time of the scientific investigation by the ASI.
On July 27, at the end of a three-day-long marathon hearing on the plea filed by the Anjuman Intezamia Masjid Committee challenging the Varanasi District Judge’s order of July 21 on the conduct of a survey of the mosque by the ASI, the High Court asked the government and the counsels of the petitioners from all sides why the matter had been delayed for the past two years.
Following its remark, the High Court in its final order observed that the proceeding of the suit had been lingering for long, and it would be appropriate for the concerned court to conclude the proceedings expeditiously, without granting “unnecessary adjournments” to either of the parties by providing short dates, keeping in view the provisions contained in Order XVII Rule 1 of the Code of Civil Procedure.
