Allahabad High Court on Thursday allowed the Archaeological Survey of India to conduct a survey of the Gyanvapi mosque complex in Varanasi. “Allahabad High Court has said that the ASI survey of the Gyanvapi mosque complex will start. Sessions court order is upheld by the High Court,” Vishnu Shankar Jain, representing the Hindu side in the Gyanvapi survey case told reporters. The Allahabad High Court dismissed Anjuman Intezamia Masjid Committee’s plea, challenging the Archaeological Survey of India (ASI) survey of the mosque complex, adjacent to Kashi Vishwanath temple in Varanasi. The Anjuman Intezamia Masjid Committee had challenged the Varanasi District Judge’s July 21 order. On July 21, Varanasi district judge AK Vishvesha ordered the ASI survey of the Gyanvapi complex on an application moved by four Hindu women on May 16, 2023.

The order of the district judge, however, excluded the Wuzu Khana (ablution pond area) of the complex, which has been sealed on the order of the top court. Earlier the Allahabad High Court asked the Archaeological Survey of India (ASI) to not start the survey of Gyanvapi mosque in Varanasi as the hearing on the matter is underway after Supreme Court put on hold till 5 pm July 26 a detailed scientific survey by the ASI to determine if the mosque located next to the Kashi Vishwanath temple in Varanasi was built upon a temple.

The court was hearing a plea against a district court order directing the ASI to conduct the controversial survey. Supreme Court earlier corrected its order in relation to the Gyanvapi mosque case whereby on July 24 it inadvertently disposed of an appeal of the committee questioning the maintainability of a suit by Hindus in the trial court seeking worship rights inside the mosque. While granting the relief on the interim plea by staying ASI survey, the top court disposed of the main case on July 24. The mosque committee had moved the top court with its interim plea in the pending petition seeking a stay of ASI work.

The Allahabad High Court on Wednesday extended the stay on a survey of the Gyanvapi mosque premises by the Archaeological Survey of India till Thursday. The high court was hearing a plea against a Varanasi district court order directing the ASI to conduct a survey to determine if the Gyanvapi mosque was built upon a temple. During the hearing, a senior ASI official was present in the court. The official told the court that the ASI team was not going to “destroy the structure (mosque)” in any way.

After hearing the plea by Anjuman Intezamia Masjid, which manages the mosque, Chief Justice Pritinker Diwaker posted the matter for further hearing on Thursday. The court ordered that the stay on the ASI survey will continue till then. The hearing of the case will resume at 3:30 pm on Thursday. During the hearing in the morning session on Wednesday, Chief Justice Diwaker asked the additional solicitor general of India to call any expert member of ASI from Varanasi to demonstrate to the court how the survey will be conducted, and fixed 4:30 pm for further hearing in the matter. In pursuance of the court order, Alok Tripathi, Additional Director of ASI, was present in the court. He filed an affidavit before the court regarding the survey process.

The counsel for mosque committee, SFA Naqvi, submitted that while passing the order on July 21, the Varanasi district court had come to conclusions that in absence of a survey report, the issue cannot be decided but the court did not discuss the materials before it to come to such a conclusion. Naqvi also raised an objection that the ASI was not made party to the suit and still it was directed to conduct the survey and give its opinion in the matter.

ASI report to be further scrutinised

On this, counsel for the Hindu side Vishnu Shankar Jain argued that there is no such law that an expert has to be made party in a case where their opinion is sought, giving an example of handwriting experts who are never made party in a case. Naqvi also submitted before the court that plaintiffs have no evidence in their plaint and they wanted to produce evidence only with the help of the ASI survey. On this, the high court asked him that if law permits for such a way of collection of evidence (ASI survey/expert survey) then what harm will be caused to the petitioner. Naqvi said that this is not the proper stage in the trial before Varanasi district court for ASI survey/expert opinion.

However, Jain submitted that a survey by the ASI is not going to cause any harm to the structure. Report of the survey will be further subject to examination and proof, the Hindu side counsel said. On Tuesday, the counsel for the mosque committee had expressed his apprehension that the survey and excavation would cause damage to the structure. Naqvi also said that even in Ram Janmabhoomi case, order of a survey was passed after collection of oral evidence.

On Tuesday, the mosque committee had moved the high court, a day after the Supreme Court halted the ASI survey till 5 pm Wednesday, allowing time for the committee to appeal against the lower court’s order.