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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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