Gyanvapi ASI Survey Stay | Allahabad High Court Grants Last Opportunity To ASI's DG To File Affidavit, Imposes ₹10K Cost

The Uttar Pradesh Government has already filed its affidavit stating that it has no significant role if the ASI survey is conducted as has to only deal with the law and order situation in this case.

The background of the case

Essentially, the Anjuman Intazamia Masazid, Varanasi has challenged (before the HC) the suit filed before the Varanasi Court by the Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others in the year 1991 claiming the restoration of the land on which the Gyanvapi Mosque stands to Hindus.

The Anjuman Intezamiya Masajid Varanasi has also challenged the proceeding before the Varanasi court in which an ASI survey had been ordered last year, the High Court stayed that very order last year in September.

Earlier, the contesting respondents argued before the Court that the petitioner [Anjuman Intazamia Masazid, Varanasi] had initially filed an application under Order VII Rule 11(d) CPC for rejecting the plaint (of the Ancient Idol Of Swayambhu Lord Vishweshwar) however, they did not press the same for a considerable time and instead of pressing the aforesaid application, they chose to file written statement in the plaint.

It was further argued by the counsel for the respondent that on the basis of pleadings in the suit, the issues were framed by the Varanasi Court. The Counsel also submitted that the property in question, i.e. the temple of Lord Visheshwar has been in existence from ancient times, i.e., Satyug up till now.

It was his further submission that the Swayambhu Lord Visheshwar is situated in the disputed structure, and therefore, the land in dispute is itself an integral part of Lord Visheshwar.

On the argument put forth by the Majid committee that since the plaint was barred by the provisions of the Places of Worship (Special Provisions) Act, 1991, the same should be rejected, the respondents have argued that the religious character of the place of worship remained the same as on the day of August 15, 1947, therefore, the provisions of Place of Worship Act, 1991 cannot be applied.