The High Court has completed the hearing on the petition filed against the ASI survey of Gyanvapi adjacent to Kashi Vishwanath temple in Varanasi. The court has reserved the verdict. The verdict will be pronounced on August 3. Till then, the ban on the survey will also remain. On the orders of the Supreme Court, Allahabad High Court Chief Justice Preetinkar Diwakar heard the case for the second consecutive day. Lawyers from the Hindu and Muslim sides, as well as lawyers for the women who filed the suit, were also present. Advocate General of UP Government and Additional Director General of ASI Alok Tripathi was also present.
The hearing of the case started at around 3:15 pm on Thursday in the Chief Justice’s court. First, the Muslim side filed its reply to the ASI’s affidavit. After this, the lawyer of the Hindu side, Vishnu Jain, told the court that if allowed, he wants to present some photographs. On this, the court asked what is legal identity. Is it ASI? ASI officer Alok Tripathi told about the formation and work of ASI. In 1871, the ASI was formed to preserve the monument. In 1951, the ASI received UNESCO’s recommendation to carry out biological conservation of archaeological remains. Along with this, archeological remains are also monitored. The court asked that digging will also be done? On this, Tripathi said that we are not going to digging.
Why is there a delay in the settlement of the case?
The Advocate General, who reached the court, said that the government has only the responsibility of law and order. We are following the order. There is a temple trust, he is watching, we are enforcing the law. CISF and PAC are deployed there for security. Our role is to maintain law and order. The court asked why there was a delay in the disposal of the case. On this, Jain gave information about the court proceedings in the case. “What do you want, early disposal?” the court asked. “Yes my Lord,” Jain said.
19 cases filed in Varanasi
Advocate Farman Naqvi, appearing for the Muslim side, said the SLP is pending in the Supreme Court on admissibility. The High Court has rejected it. The suit was filed in 1991. Then it came in 2021. There are 19 cases filed in Varanasi. The case was transferred from the civil judge to the district judge. All the suits have been filed by outsiders.
On this, Plaintiff’s lawyer Prabhash Tripathi said that there is a photograph, which clearly shows that there is a temple there. The High Court has said in the verdict that the plaintiff has the legal right to worship Gauri, Hanuman, Ganesh. On this, the court said that your debate is going in a different line. We are not deciding the evidence here. We are hearing on whether a survey should be conducted or not and why the survey is necessary. On this, Prabhash Tripathi said that the survey is necessary to decide the case.
Evidence of the temple in the survey of advocate commission
Vishnu Jain said that the Advocate Commission has been challenged in the Supreme Court. The revision was asked in the High Court. An advocate commission was ordered for evidence. The survey of the Advocate Commission found evidence of the temple. At the same time, the High Court had said that the court’s order is correct. The court ordered to send the commission using power. It also said that ASI is like an expert, it is not necessary to become a party.
Disputes in the Places of Worship Act, 1991 are not sustainable
Naqvi, the counsel for the Muslim side, said that there is a photo in the affidavit. In this, along with the ASI officer, someone in a government uniform cloth went to the spot with a spade. It is feared that it will be used. There was no need for shovels etc. They say five per cent work has been done. There is a possibility that there may be something that can damage the building. Naqvi also said that the dispute in the Places of Worship Act 1991 is not sustainable.
Change is restricted on the spot. In particular, there is a ban on changing the status of religious places on August 15, 1947. This was the condition of the building since 1947. We say it’s six hundred years old and we say it’s a thousand years old. That is, this building cannot be changed. And the ASI investigation is an attempt to gather evidence. The third party is filing a suit seeking to collect evidence. Our suspicion is also because there is a demand for excavation in the application and the court order also mentions excavation.
Application for survey pre-mature, first evidence came
Sunni Central Waqf Board advocate Puneet Gupta said the application for the survey was pre-mature. First the evidence should come and then it should be given. On this, the court said that all of you argued but no one told what the application is and on which ground it was given. Please read the application. On this, the lawyer of the Hindu side, Vishnu Jain, read the application given in the lower court for the survey. Jain said that the court has the power to issue commission. The local court can conduct an inquiry, order an expert inquiry.
Sanskrit shlokas and old Shivalinga inside Gyanvapi campus
Jain, representing the Hindu side, said that many people, ranging from Muhammad Ghaznavi, had demolished temples several times. After independence, everyone got the right to worship. The building is an old Hindu temple. Jain said that in the order of the survey, the court has said that the ASI has the instrument, it can investigate. They have expert engineers. And this has been done in the Ram temple case. He said that Sanskrit shlokas are written inside the Gyanvapi complex, there are old Shivlings. In this context, a photo of the western wall of that complex has also been attached with our application. Jain also said that we want a survey of the barricading area.
The hearing was held for four and a half hours on Wednesday.
Earlier on Wednesday, Chief Justice Preetinkar Diwakar had adjourned the matter for Thursday as the two-phased trial could not be completed for nearly four-and-a-half hours. The court had ordered to maintain the ban on the survey. Senior advocate Farman Naqvi, appearing for the Muslim Side Management Committee, had said that the Muslim side wants to excavate the structure. This can lead to the collapse of the old structure. After this, the court summoned the ASI officer from Varanasi and heard it again at 4.30 pm.
Additional Director General Alok Tripathi was present on behalf of the ASI. The court asked him how much survey work has been completed so far, to which he said that five percent of the work has been completed. The court wanted to know by when you will complete the survey work. Alok Tripathi said that the survey work will be completed by July 31. He had closely told the court about the technology of GPS survey.
