Gyanvapi - Kashi Vishwanath case: Allahabad High Court rejects plea by Muslim party challenging ASI survey of mosque premises

The Allahabad High Court on Thursday dismissed the plea filed by Muslim party challenging the Varanasi court order allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises..Chief Justice Pritinker Diwaker passed the order today, noting that scientific survey is important in the interest of justice.On July 27, the High Court had reserved verdict while stating that interim stay imposed by the apex court on the scientific survey, shall stand extended till August 3..On July 21, Varanasi district court judge AK Vishwesha had allowed the ASI survey.The Muslim side then moved the Supreme Court against the same and the apex court ordered status quo to be maintained until July 26 but asked the Muslim side to move the High Court against the district judge's order.The Muslim party then moved the High Court with the present plea..The Gyanvapi mosque has been the subject of dispute after Hindu devotees approached a civil court seeking the right to worship inside Gyanvapi Mosque, claiming that it was a Hindu temple and that it still houses Hindu deities.Earlier, the civil court ordered a survey of the Mosque itself by an advocate commissioner, who then videotaped the premises and submitted a report to the civil court in May 2022.The report, among other things, stated that an object similar in appearance to a Shivling was found.The present matter concerns disputed claims over whether the structure found on the premises of the Gyanvapi mosque during that earlier survey was a Shivaling, as claimed by the Hindu parties in the case.On October 14, 2022, the district court had passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain..However, the Allahabad High Court on May 12 held that a scientific investigation can be done to ascertain whether the object was a Shiva Linga or a fountain, without damaging the object.Days later, the Supreme Court temporarily deferred the High Court's direction while seeking the responses of the Central and Uttar Pradesh governments to the appeal filed by a Muslim party challenging such a direction.This matter is presently pending before the top court.However, the District Court on July 21 ordered an ASI survey of the mosque premises excluding the area previously sealed by the Supreme Court (wuzukhana or an ablution pond).This led to the present plea..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.