Prayagraj: The Allahabad High Court has allowed the Archaeological Survey of India (ASI) to carry out the survey as suggested by the District Court while dismissing the plea from the Anjuman Intezamia Masjid which has challenged the order of the district court order permitting the survey, citing fears of structural damage to the mosque.
Chief Justice Pritinker Diwaker who had reserved the order on the mosque committee's petition on July 27 after hearing arguments from both sides, ruled that "there is no reason to not believe the ASI's assurance that the survey will not cause any damage to the structure."
The order also said "no digging should be done at the mosque as part of the survey."
The Court found the order of the district court for a survey on the disputed premises as just and proper. "No interference from this court is warranted," the verdict read.
Advocate Vishnu Shankar Jain, who represents the Hindu side, informed the media that the high court order which is won in his favour upholding the district court's order on the ASI survey will become effective immediately.
Also read- The Place of Worship Act of 1991 can be repealed, says BJP MP Manoj Tiwari on Gyanvapi
"This is a very important decision by the high court. The argument by the Anjuman Intezamia that the survey will affect the structure (of the mosque) has been rejected by the court, which has dismissed its petition," the advocate said, while adding that the mosque committee had earlier argued that it did not get a chance to approach the high court.
The high court heard the arguments from both sides before it arrived at the decision to uphold the district court order and the same will be implemented with immediate effect.
The counsel for the mosque committee had argued that the matter regarding maintainability of the suit is pending before Supreme Court. If the apex court later concludes that the suit is not maintainable, then the entire exercise of the ASI survey will become futile. The counsel insisted that the survey should be conducted after the Supreme Court's decision on maintainability of the suit.
Jain reasoned that the ASI survey order was issued by the Court in order to come to a logical conclusion in the issue. When the hearing began in the Court, ASI Additional Director Alok Tripathi submitted to the Court that the department is not going to do any digging at the structure.
Inside the mosque, a structure claimed by Hindu litigants as 'shivling' exists at 'wazukhana' which is an ablution pond where worshippers wash themselves before praying at the mosque. The particular area will not be part of the survey as an earlier Supreme Court order has offered protection to the said spot in the complex. According to Hindu activists, a temple existed earlier at the site and was demolished in the 17th century on the orders of Mughal emperor Aurangzeb.
Meanwhile, two pleas have been filed in the Varanasi district court and the Allahabad High Court seeking protection of "Hindu signs and symbols" in the Gyanvapi mosque complex in Varanasi. The pleas were filed after the HC reserved its order to be pronounced on Thursday on the plea against a Varanasi district court order directing the ASI to conduct a survey to determine if the Gyanvapi mosque was built on a temple. (with PTI inputs)
