Gyanvapi case: Allahabad HC reserves order for August 3, stays ASI survey till then

The Allahabad High Court on Thursday (July 27) stayed the Archaeological Survey of India's (ASI) survey of the Gyanvapi Mosque premises till August 3. A report by Live Law said that on August 3, the high court would pronounce its order on the Anjuman Intezamia Masjid Committee's challenge to the Varanasi district judge's July 21 order for ASI survey of the mosque.

The bench of Chief Justice Pritinker Diwakerpassed this order after hearing both parties. On Wednesday, the Anjum committee argued before the high court that the ASI was never a part of the suit. Despite this, the Varanasi district judge directed the ASI to survey mosque premises.

The committed also contended that once the scientific survey was done, the mosque premises would be destroyed, the Live Law report added.

Anjum committee's lawyer reiterates apprehension over structure being damaged

During Thursday's hearing, the senior counsel appearing for the Anjum committee reiterated his apprehension that the mosque premises could be damaged during survey. He apprised the Allahabad High Court bench of the presence of ASI officials at the disputed site with spades. The lawyer highlighted that no issues were framed in the court and yet a survey was ordered in the case.

The lawyer further argued the court could be used to collect evidence on behalf of a litigant who has no evidence, and since the plaintiffs admitted they had no evidence and now they were seeking evidence through the court by seeking direction from a third party.

Responding to the lawyer's concerns, Chief Justice Pritinker asked if the spades available at the spot were used. The lawyer then said they were not used as a stay order of the court was in operation. Pritinker added the apprehension of the Anjuman Committee could not come in the way of the plaintiffs. However, the bench asked the Uttar Pradesh government to take note of the apprehensions (of the committee).

At the centre of this whole case is the contention by a group of Hindu petitioners that there is 'Shivling' in the mosque complex that it wants to worship. The Muslim representatives, however, argued that it was a fountain.

During Thursday's hearing, the chief justice also expressed concerns about the delay in the disposal of the suit file by four Hindu worshippers last year seeking year-round worshipping rights inside the mosque.

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