Allahabad High Court extends stay on ASI survey of Gyanvapi till October 31; ASI DG's personal affidavit yet to be filed
The ASI survey was allowed by the Varanasi court in April last year. The local court had directed for constitution of a commission for the purpose.
The Allahabad High Court on Wednesday extended the stay till October 31 on a Varanasi court order allowing the Archeological Survey of India (ASI) to conduct a comprehensive physical survey of the Gyanvapi mosque adjacent to Kashi Vishwanath Temple.
The stay on the ASI survey was ordered on September 9 last year in the appeal filed by UP Sunni Central Waqf Board and Anjuman Intazamia Masjid, Varanasi challenging the Varanasi court’s order. On the last date of hearing, the High Court had extended the stay till September 30, 2022.
Moreover, personal affidavit of the Director General, Archeological Survey of India, New Delhi has been sought in the matter, which is yet to be filed.
On Wednesday, the bench of Justice Prakash Padia said, "Since the matter is of national importance and fact that the suit is pending before the trial Court since 1991, this Court hopes and trust that the respondent No.7/the Director General, Archaeological Survey of India, New Delhi will comply with the order dated 12.09.2022 in its letter and spirit on or before the next date fixed in the matter, i.e., 18.10.2022".
On April 8, 2021, in the suit filed by the Ancient Idol of Swayambhu Lord Vishweshwar and 5 others in 1991 seeking removal of the Gyanvapi Mosque and restoration of the land to Hindus, the Civil Judge Senior Division, Varanasi Civil Court had allowed the ASI to do the survey of the Gyanvapi complex by constituting a commission.
However, the Anjuman Intezamiya Masajid Varanasi approached the high court and got an interim stay on the order.
The bench of Justice Padia is currently seized of a total of five petitions pertaining to the Kashi-Vishwanath-Gyanvapi mosque dispute that have been clubbed together for hearing.
In three of the petitions i.e. Matter Under Article 227 No.3341 of 2017, Matter Under Article 227 No.1521 of 2020, and Matter Under Article 227 No.234 of 2021, arguments have been completed and in the remaining two petitions i.e. Matter Under Article 227 No.3844 of 2021 and Matter Under Article 227 No.3562 of 2021 pertaining to the ASI survey of the Gyanvapi mosque premises, arguments are going on.
Case Title: Anjuman Intezamiya Masajid Varanasi v. Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others and connected matters