NEW DELHI, July 27: The Allahabad High Court on Thursday reserved till August 3 its order on the petitions challenging the Varanasi district court’s order for a “scientific survey” of the Gyanvapi mosque complex by the Archaeological Survey of India. He court has also stayed starting of the survey by the ASI till the final order on the matter was delivered.
The High Court reserved its order after long arguments over the need for a survey by the ASI which has been a demand of the Hindu petitioners, who argue that the mosque stands on the remains of a temple.
“The ASI survey is necessary because Anjuman Masjid (Anjuman Intezamia Masjid, which manages the mosque) has said the structure in question (the temple) is based on imagination and has nothing to do with ground reality. They say the mosque was never in possession of anyone else except Muslims since its inception,” said the lawyer for one of the petitioners.
“I have research work of Neil G, who worked for 1975 to 1990, and I have photos which show disputed structure,” argued another petitioner.
When the court said a decision on evidence was not necessary at the moment, the Hindu group argued that a survey was needed for the disposal of the main suit – demand to perform puja at the site every day. The main suit is pending before the Supreme Court. “The Allahabad High Court has already said if devotees like us can perform puja on one day, how can making it a daily or weekly affair lead to conversion of the character of the mosque? For the disposal of suit, a survey is required,” the lawyer added.
Representing the mosque committee, senior advocate SFA Naqvi said, “They tried their level best to say that no digging is being done, but we have annexed photos where they have used spades. They reached there with these instruments.” “If someone comes into court with a weapon, it doesn’t mean he will use it,” said Chief Justice Pritinker Diwaker.
The court had put the survey on hold on Wednesday over doubts about the process, especially after the lawyer for the Hindu group pointed out that at a later stage in the survey excavation under the structure of the mosque might be necessary.
The mosque committee has argued that the structure was over a thousand years old and any digging might destabilise it and it can collapse. The demand for a scientific survey sharpened after a purported ‘Shivling’ was found during a video survey carried out in the Gyanvapi mosque complex on orders of a lower court. The Hindu side has claimed that a temple was built at the site in 1585 on the orders of Raja Todar Mal — a minister of Emperor Akbar — was demolished in 1669.
The mosque committee has objected to a scientific investigation, arguing that the case is about worshipping at a shrine inside the complex and has nothing to do with its structure. The object being called a “Shivling” is actually a “fountain”, they have contended.
(Manas Dasgupta)
