Gyanvapi Mosque Row | In View Of SC's Interim Order, Allahabad HC Adjourns Hearing On Pleas Seeking Further ASI Survey

The Allahabad High Court today adjourned two pleas seeking similar reliefs to direct the Archaeological Survey of India (ASI) to undertake further surveys at Gyanvapi Mosque premises in view of the Supreme Court's Dec 12 interim order restraining courts from passing any effective interim or final orders, including orders for a survey. A bench of Justice Rohit Ranjan Agarwal, hearing the matters in the chamber, directed the matters to be posted for further hearing on February 24, 2025, a week after the Top Court hears a batch of petitions questioning the constitutional validity of the Places Of Worship Act 1991, which prohibits the conversion of the religious character of places of worship from their status as of August 15, 1947. While the first petition filed by Rakhi Singh requests an ASI survey of the 'Wazukhana' area within the Gyanvapi Mosque premises, the second petition by Lord Vishweshar, represented by his next friend, Advocate Vijay Shankar Rastogi, claims that the 'Swayambhu Jyotirling' lies beneath the main dome of the Gyanvapi Masjid, a second The first petition, filed through Advocates Saurabh Tiwari and Vikash Kumar, challenges a Varanasi District Judge's order (dated October 21, 2023) refusing to direct the ASI to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque. The Second petition, filed through Advocates Ajay Kumar Singh, challenges a Varanasi court's October 2024 order rejecting a plea seeking an additional ASI (Archaeological Survey of India) survey of the entire Gyanvapi Mosque complex, focusing on the areas the ASI has not already surveyed, including beneath the mosque's central dome. Both petitions effectively seek an ASI survey of the parts of the premises where a survey has not yet been conducted. The Supreme Court's December 12 order can be seen as a significant intervention in raising concerns about filing multiple suits in the country claiming ownership of medieval mosques and dargahs. A special bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan passed the following order. "As the matter is sub-judice before this Court, we deem it appropriate to direct that while suits may be filed, no suits would be registered and proceedings undertaken till further orders of this Court. We also direct that in the pending suits, the Courts would not pass any effective interim orders or final orders, including orders of survey till the next date of hearing." However, the Court refused to stay the proceedings in the suits which are presently pending against places of worship like mosques/dargahs. The Court also asked the Union Government to file its counter-affidavit in the petitions which question the Places of Worship Act within four weeks.

Gyanvapi Mosque Row | In View Of SC's Interim Order, Allahabad HC Adjourns Hearing On Pleas Seeking Further ASI Survey

Sparsh Upadhyay

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