The Archeological Survey of India (ASI) on Wednesday urged a Varanasi court not to make its Gyanvapi mosque complex survey report public for at least four more weeks so that the agency gets breathing time to file the report in the 1991 Kashi Vishwanath-Gyanvapi mosque dispute case, reports Live Law.
“for the smooth compliance of the order of the High Court without any interruption and in a proper manner, it is necessary that this Court may order neither to open the sealed cover, nor to disclose the said survey report to any person of the Suit or any public before the submission the copy of yhe said survey report,” the application of the ASI stated, as quoted by Live Law.
The ASI, which is conducting a scientific survey of the Gyanvapi premises, requested the court for four more weeks before the sealed survey report is opened, referring to a recent judgment by the Allahabad High Court.
On December 19, the High Court had dismissed several pleas from Muslim sides challenging the maintainability of a suit seeking restoration of the temple where the Gyanvapi mosque now stands in Varanasi.
In its observation, Justice Rohit Ranjan Agarwal had said the Places of Worship (Special Provisions) Act, 1991 did not define religious character and this can only be determined through evidence presented in the court by opposing parties. Either the Gyanvapi compound has a Hindu religious character or a Muslim religious character. It can’t have dual character at the same time, the judge had said.
“The trial in this case of vital national importance should be concluded as soon as possible, preferably within six months. If required, the lower court may direct ASI for a further survey,” the HC had observed.
The Hindu side also said that permission be sought from the Supreme Court for cleaning the mosque’s ‘wazu khana’ as several fish have died there during the hearing today, which was objected to by the Muslim side.
The Muslim side said that ‘wazu khana’ is their property and they should be given the responsibility to clean it, to which the Hindu side said that the ‘wazu khana’ was sealed on the orders of the Supreme Court.
The Hindu side said that it should be cleaned either by them or the administration. The matter was then adjourned till Thursday.
The Supreme Cout had on August 4 refused to stop the ASI from surveying the ASI premises, except the “wazu khana” where allegedly a ‘Shivling’ was claimed to be found last year.
