The Allahabad High Court issued a decree emphasizing the necessity of a scientific survey for the sake of justice. The Muslim party involved in the Gyanvapi mosque dispute has approached the Supreme Court to overturn the Allahabad High Court’s ruling that allowed the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises.
The petition by Anjuman Intezamia Masajid was urgently listed before Chief Justice of India (CJI) DY Chandrachud.
In its order, the Allahabad High Court highlighted the significance of a scientific survey in the interest of justice and Chief Justice Pritinker Diwaker determined that such a survey would benefit both Hindus and Muslims. As a result, the High Court rejected the challenge brought by the Muslim party against a Varanasi court’s order for an ASI survey.
Previously, Hindu devotees had filed a lawsuit in a civil court, claiming the right to worship inside the Gyanvapi Mosque, asserting that it was originally a Hindu temple and that Hindu deities continue to reside there. The civil court had ordered a survey of the Mosque, which was carried out by an advocate commissioner. The resulting report, submitted in May 2022, mentioned the discovery of an object resembling a Shivling.
The central issue revolves around whether the structure found on the Gyanvapi mosque grounds during the previous survey was indeed a Shivaling, as claimed by the Hindu parties.
On October 14, 2022, the district court denied a request for a scientific investigation to determine whether the object was a Shivling or a fountain. However, the Allahabad High Court, on May 12, ruled that a scientific investigation could be conducted without causing damage to the object in question to ascertain whether it was a Shiva Linga or a fountain.
Subsequently, the Supreme Court temporarily suspended the High Court’s directive while awaiting responses from the Central and Uttar Pradesh governments regarding an appeal filed by a Muslim party challenging the directive. The case is still pending in the highest court.
Despite this, on July 21, the District Court ordered an ASI survey of the mosque grounds, with the exclusion of the area previously reserved by the Supreme Court (wuzukhana or ablution pond).
As a consequence, the High Court dismissed the appeal, leading to the current appeal being lodged with the Supreme Court. The case remains ongoing.
