BREAKING | [Gyanvapi] 'Scientific Survey Necessary In Interest Of Justice' : Allahabad HC Dismisses Mosque Committee's Challenge To ASI Survey Of Premises

The Allahabad High Court today dismissed Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 order for ASI Survey of the Gyanvapi Mosque."Issue of a comminsion is permissible. The Varanasi Court was justified in ordering for ASI survey of the premises. Scientific survey is necessary in the interst of justice, " said the bench of Chief Justice Pritinker Diwaker while dismissing plea.The Court passed this order after reserving the orders in the matter on July 27.A detailed report on the Order of the Court could be read here: Gyanvapi | 'Scientific Survey Will Help Plaintiffs, Defendants Alike; Parties Free To Remain Present During ASI Survey': Allahabad HCIt may be recalled that the Anjuman Mosque Committee moved the HC on July 25 challenging the order of the Varanasi Court directing the ASI to survey the mosque premises (except for wuzukhana). This order was by the District Judge on an application filed by 4 Hindu Women Worshippers who are party to a suit filed before the District Court seeking year-round access to worship inside Mosque premises.The Supreme Court on July 24 stayed the ASI survey till July 26, 5 PM so as to allow some "breathing time" to the Masjid committee to approach the High Court. The stay was extended by the HC on July 27 till today (August 3).Submissions made before the HCBefore the Court, it was primarily argued by the Mosque committee (through Senior Advocate SFA Naqvi) 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.The Committee 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. It was 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.On day 3 of the hearing in the matter, Senior Counsel SFA Naqvi once again expressed his apprehension that the structure could be damaged. He also apprised the bench of the presence of the ASI officials at the disputed site with spades. He added that no issues have been framed in the Court and yet, a Survey has been ordered in the case.It was his further argument that the court can not be used to collect evidence on behalf of a litigant who has no evidence, and since the plaintiffs have admitted they have no evidence and now, they were seeking evidence through the Court by seeking a direction to a third party.However, when the CJ asked him if the spades available at the spot, as claimed by him, were used, he responded by saying that the spades were not since a stay order of the court was in operation. The CJ further added that the apprehension of the Anjuman Committee can't come in the way of Plaintiffs seeking legal rights. However, the bench did ask the UP Government to take note of the apprehensions of the Committee.In this regard, Advocate Vishnu Shankar Jain (for Caveators) argued that the Commission does not, in any way impinge upon the petitioner's rights and that they can always object to the same, if they feel so.Defending the Varanasi Court's July 21 order for an ASI Survey of the Mosqye premises, he submitted that the order for issuance of commission is valid under Order 26 Rule 10 read with section 75 CPC. Upon the query by the CJ as to whether Experts need to be made a party to Suit, he said that experts are never required to be made parties to suit.Jain also submitted that inside Gyanvapi premises, Sanskrit shlokas, old Jyotirlinga, Hindu artefacts, etc. present. He added that the Pillars exist inside the structure on the northern side and the same was painted repeatedly to hide its original character. He also claimed that beneath the central dome of the Mosque, hollow sounds come.Lastly, he submitted that the Commission can very well be constituted in order to obtain evidence which from its peculiar nature can only be obtained from the spot.During the hearing, the CJ looked concerned about the delay in the disposal of the suit file by the 4 Hindu worshippers in 2022 seeking year-round worshipping rights inside the Gyanvapi Premises. He also sought details of the proceedings in the case so far."But to date, no direction for early disposal of the suit has been passed. I just want to know why this matter has been pending for the last 2 years," the CJ said.The Advocate General appearing for the State argued that the order of the Varanasi Court is very innocuous, only to...

BREAKING | [Gyanvapi] 'Scientific Survey Necessary In Interest Of Justice' : Allahabad HC Dismisses Mosque Committee's Challenge To ASI Survey Of Premises

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