PRAYAGRAJ: The Allahabad high court on Friday fixed November 28 for final arguments on the petition of Anjuman Intezamia Masajid (AIM) challenging a Varanasi court order to conduct an Archaeological Survey of India (ASI) survey of the Gyanvapi complex, adjacent to Kashi Vishwanath temple in Varanasi.
While fixing the date for final argument, Justice Prakash Padia specified that the court won't adjourn this matter on the next date.
The HC had earlier sought an affidavit from the ASI director general, which was submitted on the previous date, October 31. In her personal affidavit, the DG expressed the ASI’s willingness to abide by what the court decides regarding the survey of the mosque complex. It, however, refrained from commenting on the dispute.
Earlier, while hearing a suit filed in 1991 by the Hindu side seeking restoration of a temple at the present Gyanvapi mosque site, the Varanasi district court had on April 8, 2021 directed the ASI to conduct a comprehensive survey of Gyanvapi complex.
The order was challenged by AIM -- the Gyanvapi management committee — and UP Sunni Central Waqf Board before the high court.
Thereafter, the high court on September 9, 2021 stayed the order. On October 31, 2022, the high court had extended its interim stay on the Varanasi court's order and further proceedings in this case till November 30.
During the court proceedings on Friday, senior advocate CS Vaidyanathan, appearing for the plaintiff of the suit pending before the Varanasi court, argued that an inquiry should be done for reaching to a logical conclusion.
“In this matter, the survey shall be done by the ASI to bring out prima facie truth, as watching the disputed premises with naked eyes, it is clear that it is the part of the temple and the proceedings of survey should be continued,” Vaidyanathan added.
The petitioners -- AIM and Sunni Waqf Board -- have also challenged the maintainability of the original suit filed in the Varanasi district court in 1991 by the Hindu side seeking the restoration of the ancient Kashi Vishwanath Temple at the site where the Gyanvapi mosque currently stands. The petitioners claimed in the suit that the mosque was a part of the temple.
