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NATION                                                                AUGUST 11, 2023  |     The Indian Eye                     6


                     Survey at Gyanvapi Mosque:




           Row continues as Supreme Court




                      refuses to stop the process






               During the survey, a structure — claimed to be a “Shivling” by the Hindu side

         and a “fountain” by the Muslim side — was found in the mosque on May 16 last year



        OUR BUREAU                                                                                            to have been found last year.s
                                                                                                                  Chief Justice of High Court Prit-
        New Delhi/Varanasi
                                                                                                              inker Diwaker passed the order, not-
            n a major development, the Su-                                                                    ing that scientific survey is important
            preme Court on Friday declined                                                                    in the interest of justice. On July 24,
        Ito stay the scientific survey by Ar-                                                                 the top court put on hold till July 26
        chaeological  Survey of  India  (ASI)                                                                 a  detailed  scientific  survey  by  the
        of the Gyanvapi mosque premises in                                                                    ASI to determine if the mosque lo-
        Varanasi. A bench headed by Chief                                                                     cated next to the Kashi Vishwanath
        Justice of India DY Chandrachud                                                                       temple in Varanasi was built upon a
        said  that  ASI  has  clarified  that  the                                                            temple.
        entire  survey  would be  completed
        without any excavation and without                                                                    On July 21, Varanasi district
        causing any damage to the structure.
            The entire process of scientif-                                                                   judge AK Vishvesha ordered the
        ic survey shall be concluded with                                                                     ASI survey of Gyanvapi complex
        non-invasive  methodology,   the
        bench ordered. “We reiterate the                                                                      on an application moved by
        direction of High Court that there                                                                    four Hindu women on May 16,
        shall be no excavation,” said the Su-
        preme Court.                                                                                          2023. The order of the district
            The bench noted that Chief Jus-                                                                   judge, however, excluded the
        tice of Allahabad High Court took
        note  of  the  affidavit  of  ASI  that  it                                                           ablution pond area of the com-
        is not carrying out any excavation                                                                    plex, which has been sealed on
        during its survey and no part of     Advocate Hari Shankar Jain speaks to the media as Supreme Court declined to stay the
        wall etc. will be touched. The Anju-  scientific survey by Archaeological Survey of India (ASI) of the Gyanvapi mosque premises, in   the order of the top court. On
        man Intezamia Masjid Committee                                                                        May 12 this year, the Allahabad
        has challenged the Allahabad High                         New Delhi on Friday (ANI)
        Court order allowing ASI to conduct                                                                   High Court had allowed the sci-
        scientific survey by ASI of the Gyan-  method.                      Uttar  Pradesh  Yogi  Adityanath on   entific survey of this purported
        vapi mosque premises.                 Huzefa said when you conduct   the issue. “You are the State. You are
            During the hearing, senior ad-  survey, it is like uncovering wounds   supposed to be non-partisan in the  “Shivling” but  the top  court
        vocate Huzefa Ahmad appearing     of the past and that is what Places   suit. The statement came while the   stayed this order on May 19.
        for mosque committee objected to   of Worship Act sought to injunct.   appeal was being heard,” he added.
        the survey saying if someone now   “You are unravelling wounds of past   Senior advocate Madhvi Diwan
        comes and files a frivolous plea say-  here,” he said. Justice Pardiwala told   appearing for some Hindu petition-  During the survey, a structure
        ing that there is a monument below   Huzefa that despite assuring that   ers told the apex court that survey   — claimed to be a “Shivling” by the
        this structure, will the court order   there will be no harm to the struc-  is not determinative or adversarial   Hindu side and a “fountain” by the
        ASI survey?                       ture, you are opposed to the survey.  because it can go either way. It’s a   Muslim side — was found in the
            To this CJI DY Chandrachud        “This survey will be in form of a   chance we are also taking, we don’t   mosque premises on May 16 last year
        replied, “What is frivolous to you is   report. Tomorrow, if you succeed on   know at this stage what the survey   during a court-mandated survey of
        faith to other side.”             maintainability, it will just be a piece   would show, she said.    the mosque located next to the Kashi
            Solicitor General Tushar Mehta   of paper. Let the survey be undertak-  Allahabad High Court dismissed   Vishwanath temple.
        for Uttar Pradesh said ASI affidavit   en by the ASI,” Justice Pardiwala said.  the plea filed by Muslim party chal-  The High Court on May 12 set
        before the High Court says no drill-  Ahmadi told the Supreme       lenging  the Varanasi  court  order   aside the Varanasi District judge or-
        ing, cutting of stone will be done   Court that something very unfortu-  allowing the ASI to conduct a scien-  der which had rejected the applica-
        from the existing structure, no wall   nate happened, when the matter was   tific survey of the Gyanvapi mosque   tion for a scientific survey and carbon
        or structure will be damaged and it   pending before the court, a state-  premises, except the ‘Wazukhana’   dating of the “Shivling” on October
        will be done by the non-destructive   ment was made by Chief Minister of   area where a “Shivling” was claimed   14, 2022.


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