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BREAKING: [Gyanvapi] Allahabad High Court Extends Stay On ASI Survey Till Thursday, Matter To Be Heard At 3:30 PM Tomorrow

LIVELAW NEWS NETWORK

26 July 2023 12:00 PM GMT

    • BREAKING: [Gyanvapi] Allahabad High Court Extends Stay On ASI Survey Till Thursday, Matter To Be Heard At 3:30 PM Tomorrow

    The Allahabad High Court today stayed the ASI Survey of the Gyanvapi Mosque Premises till Thursday. The matter will be heard tomorrow at 3:30 p.m. ASI Official has been directed to appear before the court tomorrow.The bench of Chief Justice Pritinker Diwaker passed this order today while hearing the Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 ASI...

    The Allahabad High Court today stayed the ASI Survey of the Gyanvapi Mosque Premises till Thursday. The matter will be heard tomorrow at 3:30 p.m. ASI Official has been directed to appear before the court tomorrow.

    The bench of Chief Justice Pritinker Diwaker passed this order today while hearing the Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 ASI Survey order of the Gyanvapi Mosque.

    "Interim order by the apex court to continue," the Court said as it rose for the day. 

    It may be recalled that the Anjuman Mosque Committee moved the HC yesterday challenging the order of the Varanasi Court directing the ASI to survey the mosque premises (except for wuzukhana). This order was passed 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.

    Yesterday, the Anjuman Committee argued before the HC 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.

    The Anjuman 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.

    Earlier today, the Allahabad High Court expressed its "strong doubts" regarding the work to be carried out by the Archaeological Survey of India (ASI) at the Mosque premises.

    The oral observation was made by the bench of Chief Justice Pritinker Diwaker after the ASGI (appearing for the ASI) failed to explain to the bench the exact methodology of the proposed survey.

    Although the ASGI made efforts to clarify to the bench that it would be using the Ground-penetrating radar (GPR) method without causing any damage to the structure as per the Varanasi Court's order, the bench was not convinced.

    Consequently, the Chief Justice directed the ASGI to call an ASI official from Varanasi by 4:30 pm today to the Court with an affidavit explaining the structure and details of the proposed survey.

    Pursuant to the Court's order, an affidavit was filed by the ASI Official stating therein that no survey work would be carried out without causing any damage to the structure. It added that a team from IIT Kanpur will be called for a radar survey and GPR survey.

    Taking into account this submission, the Court orally remarked that hypothetically, even if it is felt that anything wrong can be done by the state or the ASI, the court can always stop them.

    However, Senior Counsel Naqvi (appearing for Anjuman Committee) questioned the "hurry" in this case. He submitted that everything was being done at the "speed of the Jet".

    Due to the paucity of time, the Court deemed it fit to extend the stay order and post the matter for further hearing tomorrow.


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