Gyanvapi case: Scientific survey necessary in interest of justice, says Allahabad HC, rejects Muslim side’s plea challenging ASI survey

On Thursday, August 3, the Allahabad High Court dismissed the Anjuman Intezamia Masjid Committee’s plea that challenged the Varanasi district court order on 21st July allowing the survey of the disputed Gyanvapi structure by the Archeological Survey of India (ASI). The court had reserved its order after the hearing on 27th July.

The HC said that the scientific survey is necessary in the interest of justice. “Issue of a commission is permission. The Varanasi Court was justified in ordering for ASI survey of the premises. The scientific survey is necessary in the interest of justice,” the bench of Chief Justice Pritinker Diwaker said.

#BREAKING

GYANVAPI | #AllahabadHighCourt DISMISSES Anjuman Intezamia Masjid Committee's challenge to the #Varanasi District Judge's July 21 order for the ASI Survey of the #GyanvapiMosque.#GyanvapiMasjid #GyanvapiASISurvey pic.twitter.com/xj6FDk2hob

— Live Law (@LiveLawIndia) August 3, 2023

The survey, which began on 24th July, three days after the Varanasi district court order, was put on hold by the High Court as the matter was still being heard in the Supreme Court. On the very first day of the survey, the Muslim side moved Supreme Court seeking a stay on the survey. Consequently, the apex court put the survey on hold till 5 PM on 26th July.

Advocate Vishnu Shankar Jain, representing the Hindu petitioners in the Shringar Gauri-Gyanvapi complex case had shared that the Muslim side misled the apex court on the scientific survey of the disputed structure which was underway until the SC order.

I want to say this that the Muslim side, Anjuman Intezamia, misled the Supreme Court and gave the wrong statement that excavation is being held there whereas no such excavation process is being done,” Jain said while speaking to the media after the SC order.

Furthermore, on 25th July, Allahabad High Court agreed to hear the petition of the Muslim side against the ASI survey. The survey by the ASI is to determine the claims of the Hindu side that the mosque located next to the Kashi Vishwanath temple in Varanasi was built on a temple.