New Delhi: Supreme Court on Friday sought Varanasi's Gyanvapi mosque management committee's response to a plea of the Hindu side for an ASI conducted scientific survey of the sealed area inside the mosque, where a court commissioner had purportedly discovered a huge ‘Shivling' which the Muslim side claimed was a fountain.
Archaeological Survey of India had carried out a survey of other areas of the Gyanvapi mosque, which Hindus claim to be built on the damaged structure of the original temple of Kashi Vishwanath. Muslims claim they have been in uninterrupted possession since the 17th century.
The Hindu side, through senior advocate Shyam Divan, said ASI survey of the area inside the mosque, which has been sealed on the orders of the SC since May 20, 2022, could not take place and pleaded that ASI be directed to conduct the survey using all possible scientific methods and submit a report to the SC.
The Hindu side's application, through advocate Vishnu S Jain, said the ASI survey report on other parts of the Gyanvapi mosque contained several photographs and material relating to the temple. "There is important material and evidence relating to the temple within the sealed area which could serve as important evidence in deciding the suits seeking right to worship within the mosque," it said.
Earlier, the SC had deferred scientific survey of the ‘Shivling' as even the Centre had said that such a survey, as ordered by the trial court in Varanasi and upheld by Allahabad HC, could be postponed.
Divan pointed out that several suits were pending for trial before the district judge and civil judge (senior division) in Varanasi and pleaded for their consolidation before the district judge, whom the SC had entrusted with the main suit, or before a three-judge bench of the HC.
A bench of Justices Surya Kant and Ujjal Bhuyan said it was for consolidation of the suits to avoid conflicting views. However, it said consolidation of suits before the HC would not be advisable as the HC should remain the appellate forum, which could re-appreciate evidence.
Appearing for the Gyanvapi mosque management, senior advocate Huzefa Ahmadi said he was not against consolidation of the suits before the Varanasi district judge but argued that the SC must first decide whether the suits of the Hindu side were maintainable in view of the Places of Worship (Special Provisions) Act, 1991, that barred changing the character of religious structures as existing on Aug 15, 1947.
Justices Kant and Bhuyan said it would be proper to list all the pending matters together before the SC and decide the issues one by one by posting them for hearing on a weekly or fortnightly basis. It posted the next hearing on Dec 17.
ends