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Synopsis

Before the Allahabad High Court today, Senior Counsel SFA Naqvi representing the Anjuman Intezamia Masjid Committee, Varanasi submitted that if a survey of Gyanvapi is conducted by the Archaeological Survey of India (ASI), as ordered by the Varanasi District Court, damage will be caused to the building.

He further contended that the application moved by the Hindu worshippers was at a premature stage as pleadings are yet to complete in the main suit. 

The bench of Chief Justice Pritinker Diwaker is hearing a plea filed by Anjuman Intezamia Masjid Committee which manages the affairs of Gyanvapi challenging the order of the Varanasi Court. 

Senior Advocate Naqvi further asserted that the Muslim parties' past experience in this regard has not been good and also the application moved by the Hindu worshippers itself mentions that excavation needs to be done to collect evidence to strengthen their case. 

However, countering this argument, Advocate Vishnu Shankar Jain assured the court that no digging will take place, if the ASI survey is allowed.

He also submitted that the exercise as ordered by the local court is necessary as it will form a very significant evidence in their case. 

Further, he informed the court that during the ASI survey, as ordered by the local court in the Hindu worshippers' plea, the Ground-Penetrating Radar (GPR) method will be used, without causing any damage to any property.

Taking note of the submissions made by all the parties, the Chief Justice adjourned the matter till 4:30 pm today. 

Moreover, he asked a member of the ASI team which has been tasked to conduct the survey to be present before the court and give an undertaking on ASI's behalf. 

He also asked Senior Counsel Naqvi to ask his client about his stand if an undertaking is given by the Hindu parties that no damage will be caused to the building. 

Varanasi District Court on Friday last week allowed the plea moved by four Hindu worshippers seeking a survey of the entire Gyanvapi premises except for the Wazukhana area by ASI, as per news reports. 

The Hindu worshippers are seeking an ASI survey of the entire Gyanvapi claiming that it was constructed over a pre-existing structure of a Hindu temple and the ASI survey will unravel the truth.

The application had been filed in the suit pending before the local court for year-round permission to worship Hindu gods inside Gyanvapi.

The contention of the plaintiffs in the said suit was that “Asthan Lord Adi Visheshwar, Jyotirlinga” was damaged in 1669 under the orders of Mughal Ruler Aurangzeb but “Maa Shringar Gauri, Lord Ganesh and other subsidiary deities” continued to exist within the ancient temple, which is claimed by Muslims to be part of the “Gyanvapi Mosque”.

The court of District Judge AK Vishwesha had reserved the verdict on the Hindu worshipper’s plea on July 15.

The Allahabad High Court has already allowed an ASI survey/ scientific survey of the alleged Shivlingam found at Gyanvapi for evaluation of its age.

The high court had tabled the verdict on May 12, 2023, in a revision petition filed by the Hindu plaintiffs against the dismissal of their application seeking a scientific probe of the Shivlingam-like structure by the District Judge.

It is to be noted that a Shivlingam-like structure was found inside the Wazookhana of the Gyanavpi complex on May 16, 2022, during a survey by the court-appointed commission.

It is the Hindu plaintiffs' claim that the structure found inside the Wazookhana of the mosque complex is a Shivalingam, however, the claim is contested by the Muslim side who argue that it is actually a non-functioning old fountain.

Soon after Varanasi Court's order, the mosque management committee had moved the Top Court which had stayed the ASI survey till 5:00 pm July 26, i.e. today.