India: Allahabad HC extends stay on Gyanvapi mosque premises survey till hearing
Gyanvapi mosque
The Allahabad High Court on Wednesday (July 26th) extended the stay on the survey of the premises of the Gyanvapi mosque. The stay on a survey by the Archaeological Survey of India (ASI) has been extended till Thursday, 5 PM.
Chief Justice Pritinker Diwaker posted the matter for further hearing on Thursday after hearing a plea by Anjuman Intezamia Masjid. The committee which manages the mosque had challenged the Varanasi District Judge's July 21 ASI Survey order of the Gyanvapi Mosque.
What the court said
The court, as per news agency PTI, said that the stay on ASI survey will continue till the hearing.
"Interim order by the apex court to continue," said the bench as it rose for the day.
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Earlier, the court reportedly expressed "strong doubts" regarding the survey work to be carried out by the ASI. This observation was made by Chief Justice Pritinker Diwaker after the Archeological Surveyattempted to clarify that the Ground-penetrating radar (GPR) method — which would not damage the mosque — will be usedin the survey of the Gyanvapi Mosque premises.However, it failed to convince the court.
Anjuman Intezamia Masjid committee vs Hindu women worshippers
On July 24th (Tuesday) the Anjuman Intezamia Masjid committee moved the High Court, challenging the order of the Varanasi Court directing the ASI to survey the mosque premises — except wuzukhana.The Varanasi Court's order came after an application by four Hindu women worshippers who were part of a suit seeking year-round access to worship inside the mosque premises.
Anjuman Intezamia Masjid committee reportedly argued that the ASI was never a party to the suit or noticed by the Varanasi court. It said that despite this, the District Court ordered the ASI to survey the mosque premises.
It also contended that the survey, if done in the way the Hindu women worshippers want, will destroy the entire mosque premises.
Consequently, the Chief Justice directed the ASGI to call an ASI official from Varanasi by 4:30 pm with an affidavit explaining the details and methodology of the proposed survey.
Pursuant to the court's order, an affidavit was filed by the ASI official stating therein that 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 on Thursday.
(With inputs from agencies)
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