Allahabad High Court Upholds ASI Survey on Gyanvapi Mosque Complex in Varanasi

The Muslim party involved in the Gyanvapi mosque dispute has taken the matter to the Supreme Court to challenge the Allahabad High Court's decision allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the mosque premises. The Anjuman Intezamia Masajid presented their plea to Chief Justice of India, DY Chandrachud, requesting an urgent listing.

The Allahabad High Court had previously emphasized the importance of a scientific survey for the sake of justice, with Chief Justice Pritinker Diwaker stating that it would benefit both the Hindu and Muslim parties. The High Court had dismissed the Muslim party's plea against an ASI survey, which had been ordered by a Varanasi court.

The masjid committee argued that the Gyanvapi mosque's religious character before and on August 15, 1947, remained that of a Muslim mosque. They contended that a survey would be irrelevant due to the provisions of the Places of Worship (Special Provisions) Act, 1991, which upholds the secular and fraternal principles of the Indian Constitution.

The petitioners further asserted that conducting the ASI survey posed significant risks and could have broader consequences nationwide, citing the intense media coverage and communal undertones surrounding the issue during the court proceedings.

The Gyanvapi mosque became the subject of dispute when Hindu devotees claimed the right to worship inside, asserting that it was originally a Hindu temple and still houses Hindu deities. A previous survey conducted by an advocate commissioner found an object resembling a Shivling, adding to the complexity of the case.

The current matter revolves around conflicting claims about whether the object found during the previous survey was a Shivaling, as argued by the Hindu parties, or a fountain. The district court rejected a plea for a scientific investigation to determine the object's nature, but the Allahabad High Court later ruled in favor of conducting such an investigation without damaging the object.

The Supreme Court had temporarily deferred the High Court's direction and sought responses from the Central and Uttar Pradesh governments on the Muslim party's appeal against the investigation. Despite this, the district court ordered an ASI survey of the mosque premises, except for a specific area sealed by the Supreme Court.

The recent dismissal of the Muslim party's plea by the High Court has prompted their appeal to the Supreme Court, where the matter is currently pending.