Gyanvapi| 'ASI Survey Will Create Some Upheaval In Country': Mosque Committee Argues In High Court Challenging Varanasi Court Order

Challenging the Varanasi Court's order passed on July 21 for the ASI survey of the Gyanvapi Mosque Premises, the Anjuman Intezamia Masjid Committee, which takes care of 22 mosques, including the Gyanvapi submitted today in the Allahabad High Court that the proposed ASI Survey will create some upheaval in the country.The submission was made before the bench of Chief Justice Pritinker Diwaker by Senior Counsel SFA Naqvi appearing for the Committee. The committee moved the HC earlier today a day after the Supreme Court on Monday directed that Varanasi Court’s order should not be enforced till 5 PM on July 26 so as to allow some "breathing time" to the Masjid committee to approach the High Court.After the initial confusion regarding the bench to be assigned to hear the Artice 227 plea of the Committee challenging the District Judge's order, the Chief Justice himself began hearing the matter at 4 PM.Before the Chief Justice, it was primarily argued by the Mosque committee that the Archeological Survey Of India (ASI) was never a party to the suit or never noticed by the Varanasi Court and despite this, the District Judge directed it to survey the mosque premises (except for Wuzukhana)."ASI was not a party before the District Judge. All directions have been issued to them. Secondly, if a state party is not a party to the case. It should be communicated to them properly in writing. Yesterday, the entire 30-member team of ASI reached the Mosque," he argued.He also contended that once the scientific survey is done, in the way they (Hindu women worshippers) have claimed, the entire Mosque Premises will be destroyed.However, objecting to the same, the Counsel for the Caveator (Advocate Vishnu Shankar Jain) submitted before the bench that the Solicitor General Tushar Mehta has himself submitted in the Apex Court that there will be no damage/demolition during the ASI Survey. He added that the District Judge's order also states that the survey will be carried out without causing any damage to the structure. To this, the Chief Justice also noted that there is a specific statement of the SG in the Supreme Court's July 24 order, wherein it was submitted that no damage will be caused to the structure during the survey.However, Senior Counsel Naqvi pointed out that the statement was made with regard to the initial one-week work of the ASI and after that, they will take up the excavation, which will lead to some upheaval in the Country. He also added that the suit before the Varanasi Court is at the stage of inception and not even a Written Statement has been filed in the case and hence, the application of the Hindu women worshippers as well as the Varanasi Court's order, is premature.Furthermore, when the Chief Justice asked Advocate Jain as to whether this kind of survey had been undertaken in any part of the country, he responded by referring to Ayodhya's Ram Janma Bhumi case, wherein the ASI had extensively taken up the survey work.In this regard, when the CJ asked him if the ASI was represented before the Varanasi Court, Advocate Jain submitted that it was represented by the Union of India. Justifying the need for ASI Survey, he further contended that since the Anjuman Committee had claimed before the Apex Court that the mosque was built by Aurangzeb, and hence, the 4 Hindu women worshippers only wished for a survey to know if it had been really built by Aurangzeb or was it a Hindu Temple.The Bench will continue to hear the arguments of both sides tomorrow being 9:30 am.It may be noted that in its Article 227 Plea before the Allahabad HC, the Anjuman Intezamia Masjid Committee has claimed that the ASI is being used as a tool by the opposite parties/plaintiffs/petitioners to collect evidence on their behalf.Challenging the Varanasi District Judge's order, the Mosque Committee has stated even when the ASI was not a party before it, yet it passed an order directing it to survey the mosque."...the Court was in such haste that it passed the order without applying the principles of jurisprudence regarding the representation of parties to whom the direction or order was addressed. The ASI was neither a party nor was invited to seek its comment by the learned District judge Varanasi while passing the impugned order itself speaks a lot and the amount to miscarriage of justice," the plea avers.The petition, filed under Article 227 of the Constitution of India has also called into question the genuineness of the Survey and the "speed" by which 30 ASI Officials reached the spot and started the survey work pursuant to the Court's July 21 order.Pointing to the submissions/admission of the plaintiffs- 4 Hindu women worshippers before the Varanasi Court that they have no evidence of actual facts existing within the Gyanvapi Mosque premises and behind the 'artificial' walls and beneath the structure, the plea adds that the plaintiffs are asking for "evidence of something for which they have no proof and the evidence collection work of...

Gyanvapi| 'ASI Survey Will Create Some Upheaval In Country': Mosque Committee Argues In High Court Challenging Varanasi Court Order

LIVELAW NEWS NETWORK

Tags