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Gyanvapi Mosque Case: Allahabad High Court Extends Stay On Survey, Verdict On August 3

During the Gyanvapi mosque case hearing on Wednesday, a senior ASI official appeared before the court and clarified that the ASI team had no intention of "destroying the structure" in any manner.

The Allahabad High Court on Thursday said that the survey verdict in the Gyanvapi Masjid-Shringar Gauri case will be pronounced on August 3. While hearing the plea, Allahabad High Court Chief Justice Pritinker Diwaker said the interim stay on the survey will continue till August 3.

The ASI expert present in court said that the survey will be completed by August 4. "We will not damage the structure. We will use brushing at best," he said. The Anjuman Committee, however, argued: "They [ASI] tried their level best to say that no digging is being carried out, but we have annexed photos showing they have used spades. They reached there with these instruments... Since a stay was granted, they couldn't use it."

However, Justice Diwaker said if someone comes to court with a weapon doesn't mean he will use it.

Senior advocate SFA Naqvi, appearing for Anjuman Committee, read from a copy of the Places of Worship Act in court: "With regard to the conversion of places of worship, controversy has been arising from time to time... In the wake of these, it was decided that such conversion was to be prevented... It was considered necessary to preserve the religious character of these places. As a consequence, all suits pending may abate and suits may be barred. Since the case of Ram Janmabhoomi is different, it is separate from this act."

Legal news website Live Law quoted Naqvi as saying: "We are just being harassed at least 9 suits are pending. Kashi Vishwanath Trust not filing any suit, 3rd persons are filing suit. We are facing about 19 suits at this stage at Varanasi regarding Gyanvapi."

Advocate Saurabh Tiwary appearing for one of the Hindu petitioners Rakhi Singh, said: "ASI Survey is necessary because Anjuman Masjid has said that the structure in question is based on imagination and it has nothing to do with ground reality. They say the Mosque was never in possession of anyone else except Muslims since its inception... Allahabad High Court has already said that if devotees like us can do Puja on one day, how can making it a daily or weekly affair lead to the conversion of the mosque's character? For the disposal of the suit, a survey is required."

The hearing lasted over 90 minutes. 

The Allahabad High Court resumed the hearing regarding the petition challenging a Varanasi district court's directive to the Archaeological Survey of India (ASI) to conduct a survey of the Gyanvapi mosque to ascertain if it was constructed on the site of a temple.

The court on Wednesday had extended the stay on the ASI survey of the Gyanvapi mosque premises until Thursday. During the hearing on Wednesday, a senior ASI official appeared before the court and clarified that the ASI team had no intention of "destroying the structure (mosque)" in any manner.

After considering the plea filed by Anjuman Intezamia Masjid, the body responsible for managing the Gyanvapi mosque, Chief Justice Diwaker decided to continue the hearing on Thursday. The court also ordered that the stay on the ASI survey should remain in effect until that time.

The mosque committee had approached the high court on July 25, one day after the Supreme Court halted the ASI survey until 5 pm on Wednesday, granting the committee time to challenge the lower court's order.

What Is The Gyanvapi Masjid-Kashi Vishwanath Temple Case?

The Gyanvapi Mosque, located in Varanasi, Uttar Pradesh, has been at the centre of a contentious legal battle regarding its religious status. The mosque stands adjacent to the Kashi Vishwanath temple, making it an emotionally charged issue for both Hindu and Muslim communities. The dispute revolves around the claim that the mosque was constructed by demolishing the Vishwanath temple during the reign of Aurangzeb.

The history of the Gyanvapi site is a subject of debate, with conflicting claims of destruction and reconstruction by various rulers. In 1991, local priests filed a petition seeking permission to worship within the mosque complex. Subsequently, in 2019, a lawyer filed another petition alleging illegality in the mosque's construction and requested an archaeological survey.

The Varanasi district court, after reserving its order in the Gyanvapi Mosque-Shringar Gauri case until September 12, 2023, rejected a plea challenging the right of Hindu worshippers to pray inside the Gyanvapi site. Five Hindu women had filed the case, seeking the right to worship the idols of Hindu deities located on the outer wall of the mosque. The court's decision has sparked further petitions and discussions. In April, the court ordered an archaeological survey, which was later stayed by the Allahabad High Court. Currently, the Supreme Court is examining the validity of the Places of Worship Act, which prohibits conversion or changes to the religious character of a place of worship.

A survey reportedly discovered a Shivling, a symbol associated with Lord Shiva. But the Muslim side claims it to be a fountain. This development has reignited the debate and further intensified the legal battle.

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