Allahabad HC dismisses Muslim side’s plea that the survey may damage the structure; says survey is required to do justice
On Thursday, in a big win for the Hindu side, the Allahabad High Court ruled that the ASI survey of the Gyanvapi mosque in Varanasi will continue as it does not harm anyone.
Dismissing the Muslim side’s plea that the survey may damage the structure, Allahabad High Court Chief Justice Pritinkar Diwakar said: “The survey is required to do justice. The survey needs to be done with a few conditions. Do a survey, but without dredging.”
Earlier, the High Court had directed ASI not to carry out survey until the hearing in the case is completed. In the last week of July, the court had reserved its order on the ASI survey of the Gyanvapi mosque.
On today’s verdict, Vishnu Shankar Jain, lawyer of the Hindu side, said: “Allahabad High Court has allowed the ASI survey and asked to implement the order of the district court with immediate effect. ASI has submitted its affidavit. Now, no question arises. The High Court has dismissed the plea of the Muslim side.”
The Anjuman Mosque Committee had moved the high court challenging the order of the Varanasi Court directing the ASI to survey the mosque premises (except for wuzukhana).
The Supreme Court on July 24 had stayed the ASI survey till July 26 so as to allow some “breathing time” to the Masjid committee to approach the High Court.
The top court had asked the Masjid Committee to move the Allahabad High Court to challenge the order passed by the Varanasi District Court.
The main plea filed by the Anjuman Intezamia Masjid Committee under Article 136 of the Constitution challenges the order of the Allahabad High Court upholding the maintainability of the Hindu worshipper’s suit filed before the Varanasi court.
The management committee of the Gyanvapi mosque has apprehended that the historic structure may fall during the ASI survey.
The ASI had said that the structure of the mosque won’t be affected as radar mapping will be done.
[With Inputs from IANS]
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