Prayagraj: The Allahabad High Court on Thursday reserved until August 3 its order on a plea in opposition to the survey of Gyanvapi mosque premises by the Archaeological Survey of India. The court docket additionally ordered the ASI to remain the survey work until then. Chief Justice Pritinker Diwaker heard the matter within the afternoon session and reserved his verdict until August 3.
The excessive court docket was listening to a plea in opposition to a Varanasi district court docket order directing the ASI to conduct a survey to find out if the Gyanvapi mosque was constructed upon a temple. The court docket heard the arguments from Anjuman Intezamia Masjid, which manages the mosque, and the Hindu aspect. Senior ASI officers have been additionally current within the courtroom.
The Allahabad High Court had on Wednesday prolonged the keep on a survey of the Gyanvapi mosque premises by the Archaeological Survey of India until Thursday. During the listening to, a senior ASI official was current within the court docket. The official informed the court docket that the ASI group was not going to “destroy the structure (mosque)” in any manner.
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After listening to the plea by Anjuman Intezamia Masjid, which manages the mosque, Chief Justice Pritinker Diwaker posted the matter for additional listening to on Thursday. The court docket ordered that the keep on the ASI survey will proceed until then.
During the listening to within the morning session on Wednesday, Chief Justice Diwaker requested the extra solicitor basic of India to name any professional member of ASI from Varanasi to reveal to the court docket how survey shall be performed, and glued 4:30 pm for additional listening to within the matter.
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In pursuance to the court docket order, Alok Tripathi, Additional Director of ASI, was current within the court docket. He filed an affidavit earlier than the court docket relating to the survey course of.
The counsel for mosque committee, SFA Naqvi, submitted that whereas passing the order on July 21, the Varanasi district court docket had come to conclusions that in absence of a survey report, the problem can’t be determined however the court docket didn’t talk about the supplies earlier than it to return to such a conclusion.
Naqvi additionally raised an objection that the ASI was not made celebration to the go well with and nonetheless it was directed to conduct the survey and provides its opinion within the matter.
On this, counsel for the Hindu aspect Vishnu Shankar Jain argued that there isn’t any such regulation that an professional needs to be made celebration in a case the place their opinion is sought, giving an instance of handwriting specialists who’re by no means made celebration in a case.
Naqvi additionally submitted earlier than the court docket that plaintiffs haven’t any proof of their plaint they usually wished to supply proof solely with the assistance of the ASI survey.
On this, the excessive court docket requested him that if regulation permits for such a manner of assortment of proof (ASI survey/professional survey) then what hurt shall be brought on to the petitioner.
Naqvi stated that this isn’t the right stage within the trial earlier than Varanasi district court docket for ASI survey/professional opinion.
However, Jain submitted {that a} survey by the ASI isn’t going to trigger any hurt to the construction. Report of the survey shall be additional topic to examination and proof, the Hindu aspect counsel stated.
On Tuesday, the counsel for the mosque committee had expressed his apprehension that the survey and excavation would trigger harm to the construction.
Naqvi additionally stated that even in Ram Janmabhoomi case, order of a survey was handed after assortment of oral proof.
On Tuesday, the mosque committee had moved the excessive court docket, a day after the Supreme Court halted the ASI survey until 5 pm Wednesday, permitting time for the committee to attraction in opposition to the decrease court docket’s order.
