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Synopsis

In the Kashi Vishwanath-Gyanvapi case(s) before the Allahabad High Court, on Friday, Senior Advocate CS Vaidyanathan appeared on behalf of the temple side and argued that a survey of the Gyanvapi complex by the Archeological Survey of India (ASI) should be allowed. 

The senior counsel said that for reaching a logical conclusion, the inquiry should be done and in this matter, the survey should be done by the ASI to bring out prima facie truth. He asserted that even when the disputed premises is watched with naked eyes, it becomes clear that it is part of the temple. Therefore, he contended that the proceedings of the survey should be continued.

The single-judge bench of Justice Prakash Padia is currently seized of five petitions that have been clubbed together for hearing in the Kashi Vishwanath-Gyanvapi dispute. The arguments in three of the petitions have already been completed. The arguments in the remaining two pleas which pertain to the ASI survey of the Gyanvapi complex are going on. 

After taking note of the submission made by Senior Advocate CS Vaidyanathan, Justice Padia, today, was of the view that the judgment should be reserved. However, on behalf of Senior Counsel S.F.A. Naqvi, who is representing the U.P Sunni Central Waqf Board and the Mosque Committee, a request was made that the matter should be adjourned for ten days as Senior Counsel Naqvi was out of town.

Acceding to the request, Justice Padia posted the matter for further/final arguments on November 28, 2022 at 12:00 noon. He, however, made it clear that the court will not further adjourn the matter on the said date.

It is to be noted, the Director General of the ASI, in her personal affidavit, has already submitted before the high court that the ASI is competent and capable to conduct the survey, if the high court or any other court so directs.

Senior Advocate CS Vaidyanathan, assisted by Advocates PV Yogeswaran, Ajay Kumar Singh and Vijay Shankar Rastogi who is court-appointed next friend of the Lord Vishweshwar, today further argued that the order of stay was granted in the matter by the High Court way back in 1998, and thereafter the aforesaid stay order was never extended.

He contended that in view of the judgments of the Apex Court, whatever stay is granted by any court including the High Court, automatically expires within a period of six months unless an extension is granted for good reason, as per court's judgment, within the next six months, and the trial Court is, on the expiry of the first period of six months, can set a date for the trial and go ahead with the same.

The argument was put forth in view of the contention raised on behalf of the mosque committee and the waqf board that the lower court had erred in ordering an ASI survey in the matter as the matter was already pending before the high court.

Along with the counsel above mentioned, in the matter, Adv. Syed Ahmad Faizan appeared for the Waqf board, Advocates Sunil Kumar Rastogi, VS Rastogi, Tejas Singh, Chandra Shekhar Seth, Bhakti Vardhan Singh and Tarun Tiwari appeared for contesting respondents (temple side),Senior Counsel (Assistant Solicitor General of India) SP Singh, assisted by Adv Manoj Kumar Singh appeared on behalf of the Union and Senior Advocate (Additional Advocate General) MC Chaturvedi assisted by Advocates Hare Ram, Vineet Sankalp and Vijay Shankar appeared on behalf of the State government. 

Background of the matter

Before the Varanasi local court, the Ancient Idol of Swayambhu Lord Vishweshwar and 5 others filed a suit in 1991 seeking removal of the Gyanvapi Mosque and restoration of the land to Hindus.

On April 8, 2021, Civil judge Senior Division, Varanasi Civil Court allowed the Archeological Survey of India (ASI)  to conduct a comprehensive physical survey of the Gyanvapi mosque adjacent to Kashi Vishwanath Temple. Against this order, Anjuman Intezamiya Masajid Varanasi knocked on the high court's doors, which stayed the proceedings before the lower court including the ASI survey of Gyanvapi. 

The stay on the survey has been extended from time to time by the high court and it is to continue till November 30, 2022. 

Case Title: U.P Sunni Central Waqf Board v. Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others