Lucknow, Apr 9: Uttar Pradesh's Varanasi court on Apr 8 has allowed the Archaeological Survey of India (ASI) to survey the disputed premises in Varanasi that is claimed by both the Kashi Vishwanath Temple and Gyanvapi Mosque complex. The court directed the Yogi Adityanath-led BJP government to bear the responsibility of the cost of the survey.
The directive was given by Varanasi First Track Court judge Ashutosh Tiwari where the court has also asked the ASI to submit a report after the survey. The order came on a petition filed by local lawyer Vijay Shankar Rastogi, who had demanded that the land entailing the Gyanvapi Mosque be restored to Hindus.
According to Rastogi, "The court also stipulated that at least two members of the five-member team of eminent archaeologists should be from the minority community." In his plea, he has contended that the Gyanwapi Mosque in Varanasi is a part of the Vishveshwar Temple. The High Court stayed the proceedings in the lower court which had continued for the past 21-22 years.
After a directive of the Supreme Court, the proceedings had started from 2018. The Uttar Pradesh Sunni Central Waqf Board's Chairman Zufar Ahmad Faruqi has said at the same time, that the order of the Civil Judge, Varanasi ordering a survey by the ASI will be challenged before the Allahabad High Court.
Faruqi said that the board believes that this case is barred by the Places of Worship (Special Provisions) Act, 1991. The Places of Worship Act was upheld by a five-judge Constitution Bench of the Supreme Court in the Ayodhya judgment. Therefore, the status of Gyanvapi Masjid is beyond question. Faruqi has also denied any substantial contribution from the side of ASI in the survey undertaken for the Ayodhya case.
According to Faruqi, the Supreme Court has specifically observed that there was no such evidence. Thus, the practice of mosques being 'investigated' by the ASI has to be stopped, says Faruqi. Faruqi has directed that the board will approach the high court against the order issued to ASI for survey.