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Synopsis

In her personal affidavit, the Director General of the Archaeological Survey of India (ASI) has submitted before the Allahabad High Court that the ASI is competent and capable to conduct the exercise which is the subject matter of the proceeding in Kashi-Vishwanath-Gyanvapi case(s), if the high court or any other court so directs.

In the affidavit, ASI DG V. Vidyavathi has stated that if the high court or any other competent court directs ASI to undertake any such exercise, the ASI is duty-bound and will comply with such directions effectively, efficiently and transparently to the best of its abilities and capabilities.

The single-judge bench of Justice Prakash Padia is currently seized with the petitions pertaining to the ASI survey of the Gyanvapi complex. 

On September 9 last year, the high court stayed the Varanasi Local Court's order passed in April 2021 directing for an ASI survey of the Gyanvapi Complex. The stay on the ASI survey has been extended by the high court till November 30, 2022.

In her affidavit, giving details regarding the infrastructure and capacities of the ASI, the Director General has further stated that "the Archaeological Survey of India functions under the Ancient Monuments And Archaeological Sites And Remains Act, 1958, and is a competent body not only for the maintenance, conservation and preservation of the Archaeological monuments/protected monuments but is also an expert body for conducting archaeological exploration, excavation research, etc".

On October 31, the court took this affidavit on record and granted 10 days' time to the U.P Sunni Central Waqf Board and Anjuman Intezamia Masajid Varanasi to file their respective rejoinder affidavits. 

The next hearing in the matter will take place on November 11, 2022, at 12:00 pm. 

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. A survey by the ASI was ordered by the local court during the course of the proceedings.

However, Anjuman Intezamiya Masajid Varanasi knocked high court's doors against this order, and the high court stayed the proceedings in this suit before the local court including the ASI survey of the mosque complex.

Out of the total of five petitions that have been clubbed together for hearing pertaining to the Kashi-Vishwanath-Gyanvapi dispute, in three of the petitions arguments have already been completed and the two petitions pertaining to the ASI survey of Gyanvapi are pending for completion of arguments. 

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