ASI to abide by HC decision on survey of Gyanvapi complex: ASI DG

PRAYAGRAJ: The director general of Archaeological Survey of India (ASI) filed her personal affidavit before the Allahabad high court in the Gyanvapi case, expressing its willingness to abide by what the court decides regarding the survey of the mosque complex, though she refrained from giving the ASI's opinion on the dispute as it was not a party in the suit pending before a Varanasi court.
Regarding the Varanasi court’s order of April 8, 2021, asking the ASI to conduct a comprehensive survey of Gyanvapi mosque complex, the ASI DG stated that the agency was competent to take up the survey if the high court ordered so.
The Varanasi court’s order was stayed by the high court on September 9, 2021. On Monday, the high court again extended its interim stay on the order that directed the ASI to conduct a survey of the Gyanvapi mosque complex and further proceedings in this case till November 30.
Taking the affidavit of ASI DG on record, Justice Prakash Padia granted 10 days time to the Anjuman Intezamia Masajid (AIM) -- the mosque management committee -- and UP Sunni Waqf Board to file a reply (rejoinder affidavit) by November 11, which is the next date of hearing. The court also granted the same time to other respondents of this case — from one (who is representing the temple side) to five — to file a rejoinder affidavit.
After the Varanasi court directed the ASI to conduct a comprehensive physical survey of Gyanvapi mosque complex, petitioners — AIM and UP Sunni Waqf Board — filed the present petition before the high court, challenging the order. Subsequently, the high court had on September 9, 2021, stayed the Varanasi court's order.
According to additional solicitor general of India (ASGI), Shashi Prakash Singh, the ASI DG in her affidavit has stated that the Gyanvapi mosque is not on the list of 'protected monuments' and also submitted before the court the list of protected monuments across the country.
“Since the ASI is not a party in the suit pending before the district court of Varanasi, where the cause of action arose, and it is a matter between two private parties, therefore, the ASI has not made any comment on the dispute raised in the suit,” the ASGI told TOI on Monday.
“Further, the ASI DG in her counter-reply has stated that the ASI is being governed by the Ancient Monument Act and also submitted the work, which has been done by it so far in protecting ancient monuments, which it has enlisted across the country,” he added.
Earlier, by an order dated September 12, this court had directed the ASI DG to file his personal affidavit in response to the present petition as the present counter-affidavit filed by ASI was ‘very sketchy’. Subsequently, on September 28, the court in its order had reiterated that the matter was of national importance and expected the ASI DG to comply with the September 12, 2022 order.
On the previous date, on October 18, the court had on a request made by the ASGI and the counsel representing the ASI had granted further time to to file a counter-affidavit.
The original suit in this case was filed before a Varanasi court in 1991 by Swayambhu Lord Vishweshwar and five others claiming the restoration of the land on which the Gyanvapi Mosque stands to Hindus. The AIM first moved the HC to challenge the maintainability of this suit. Thereafter, when the Varanasi court ordered an ASI survey of the Gyanvapi complex, the AIM and Sunni board challenged this order, too.