Gyanvapi Case : HC Extends Stay on Survey at Disputed Site

The original lawsuit, which sought restoration of the alleged ancient temple that had stood where the Gyanvapi mosque now sits, was filed in Varanasi District Court in 1991.

Mumbai: The Varanasi court decision mandating the Archaeological Survey of India to perform a physical survey at the Kashi Vishwanath temple- complex and subsequent proceedings in this issue was given an extension by the Allahabad High Court on Tuesday till September 30. The Director General of the Archeological Survey of India (ASI) submitted a counter-affidavit, which the high court found to be “extremely vague,” and ordered the official to produce a personal affidavit within 10 days because the subject “is of national importance.”

The maintainability of the initial lawsuit, which was filed in 1991 in the Varanasi district court, was contested by the petitioner, Anjuman Intezamia Masjid of Varanasi. The Varanasi court’s ruling from April 8, 2021 was suspended by the high court on September 9, 2021.

On Tuesday, Justice Prakash Padia ordered the petitioner’s attorney 10 days to submit a supplemental rejoinder affidavit and set September 12, 2022, as the date of the case’s next hearing. Respondent Ajay Kumar Singh’s legal representative argued “from the reading of Section 3 of of the Places of Worship (Special Provisions) Act, 1991, it is clear that it relates to the prohibition of conversion of a place of worship and the plaintiff does not seek the conversion of the place”.

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He said that the location in question is a “temple that has been in existence from ancient times to the present, and as such, evidence should be led for better judgement of the application.”  According to the high court, nobody is present when the subject is discussed for respondent No. 7/Union of India, Ministry of Culture via Director General, Archeological Survey of India-New Delhi.” Respondent No. 7 has submitted a brief rebuttal affidavit, it stated.

“The aforementioned rebuttal affidavit is only two and a half pages long and is also quite rudimentary. The Director General, ASI, New Delhi is instructed to submit his personal affidavit in the subject within ten days because it is of national importance “Justice Prakash Padia noted. The court also ordered the Uttar Pradesh government’s Additional Secretary (Home) to submit his own affidavit in the case within 10 days.

The original lawsuit, which sought restoration of the alleged ancient temple that had stood where the Gyanvapi mosque now sits, was filed in Varanasi District Court in 1991.

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