HC seeks Centre, state response in plea against ASI survey

Prayagraj: The Allahabad high court on Wednesday directed the Centre and the state government to file their respective replies in response to a petition challenging a Varanasi court’s order dated April 8, 2021, directing the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Kashi Vishwanath Temple-Gyanvapi mosque complex in order to find out whether a temple was demolished to build the mosque that stands there adjacent to KVT.
Hearing a petition filed by UP Sunni Central Waqf Board and Anjuman Intazamia Masazid, Varanasi, Justice Prakash Padia directed both the sides to exchange the pleadings and directed to list the case on September 28 for the next hearing.
Appearing for one of the petitioners, senior advocate SFA Naqvi contended that the suit, by which the order of the civil judge (senior division), fast-track court (FTC) of Varanasi (dated April 8, 2021) is under challenge, is itself not maintainable under Section 4 of the Places of Worship (Special Provisions) Act, 1991, as it bars filing of suit or any other legal proceedings with respect to conversion of religious character of any place of worship, existing on August 15, 1947.
Hence, no claim can be made regarding a religious place which existed on August 15, 1947. As per the Act of 1991, no relief can be sought for changing the status of any religious place as it existed on August 15, 1947, contended the petitioner’s counsel.
Hence the order for conducting survey is illegal, the counsel added.
The petitioner’s counsel further contended that when the high court has already reserved its judgment on the issue of maintainability of the aforesaid suit, the court below should not have passed any order in the suit till the issue of maintainability of the suit was decided by the high court.