Scientific survey of Gyanvapi Mosque premises will benefit both sides: Allahabad High Court

The Allahabad High Court on Thursday remarked that a scientific survey of the Gyanvapi Mosque premises by the Archaeological Survey of India (ASI) would be advantageous for Hindu and Muslim parties and would also assist the trial court in arriving at a fair and just decision. [C/M Anjuman Intezamia Masajid Varanasi v. Rakhi Singh & 8 Ors].The Court made the observation while dismissing a plea filed by the Muslim party challenging a Varanasi court order allowing the ASI to conduct a scientific survey of the Gyanvapi Mosque premises..The matter concerns disputed claims over whether the structure found on the premises of the Gyanvapi Mosque during that earlier survey was a Shivling, as claimed by the Hindu parties in the case.Notably, the Muslim side has moved an appeal before the Supreme Court this afternoon challenging the High Court's decision to allow the ASI scientific survey to proceed. .In the order passed earlier today, Chief Justice Pritinker Diwaker opined that a scientific survey is important in this case, in the interest of justice."In the opinion of the Court, the scientific survey/investigation proposed to be carried out by the Commission, is necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and come in aid of the trial court to arrive at a just decision," the order stated..The Court added that when the Department of Archaeology assured that no harm would be inflicted upon the property, the Court has no grounds to question its assertions.It further opined that the survey exercise can be done without having to dig any wall at the disputed site, contrary to the assertions of the Muslim side. The Chief Justice noted that there have been technological advances that could guide the ASI in its scientific investigation. The Court also recorded the submission made by the Additional Solicitor General of India that no excavation will take place. As such, the Court found no substance in the argument of the Muslim side things cannot be finalised by the ASI without digging any wall. On this aspect, the Court took on record the ASI's submission it will not carry out any excavation and that no demolition or alteration of the property's existing structure will take place during the survey. .Considering the prolonged nature of the case, Chief Justice Diwaker finally requested the court dealing with the suit to expedite case proceedings. "As the proceeding of Suit has been lingering on for long, it would be appropriate to observe that the Court concerned shall make all endeavor to conclude the proceedings expeditiously, without granting unnecessary adjournments to either of the parties by giving short dates," the High Court directed.With this, the High Court dismissed the plea to halt the proposed ASI survey of the Gyanvapi Mosque premises. The earlier stay order was vacated and the Varanasi district court order for the ASI survey was restored. .The High Court had reserved its verdict on this issue on July 27, after the Supreme Court stayed the district court order for the survey. The top court's order of stay was passed in order to allow the High Court to hear the appeal moved by the Muslim side challenging the district court order. The order under challenge was passed on July 21 by Varanasi district court judge AK Vishwesha..Earlier, a civil court ordered a survey of the Mosque alone by an advocate commissioner, who then videotaped the premises and submitted a report to the civil court in May 2022.Later, on October 14, 2022, a district court passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain..However, the Allahabad High Court on May 12 held that a scientific investigation can be done to ascertain whether the object was a Shivling or a fountain, without damaging the object.Days later, the Supreme Court temporarily deferred the High Court's direction while seeking the responses of the Central and State governments to the appeal filed by a Muslim party challenging such a direction.This matter is presently pending before the top court.However, the district court, on July 21, ordered an ASI survey of the mosque premises excluding the area previously sealed by the Supreme Court (wuzukhana or an ablution pond).This order has now been upheld by the High Court..Senior Advocate SFA Naqvi and Advocates Puneet Kumar Gupta, Syed Ahmed Faizan, Zaheer Asghar, Ms Fatma Anjum, Munnaur Hussain, Mumtaz Ahmad, Akhlaq Ahmad, Mehmood Alam, Poorva Agarwal, Vipul Dubey and Devendra Mishra represented the Muslim side. Advocates Ajay Mishra, Ashok Mehta, MC Chaturvedi, Kunal Ravi Singh, Vijay Shanker Mishra, Ishan Mehta, Ankit Gaur, Hare Ram Tripathi, Manoj Kumar Mishra, and Ishan Dev Giri appeared for the State.Advocates Shashi Prakash Singh, Manoj Kumar Singh and Purnendu Kumar Singh appeared for the Union of India.Advocates Vishnu Shanker Jain, Prabhash Pandey, Saurabh Tiwari and Vineet Sankalp appeared for the Hindu side. .[Read Order]