Allahabad High Court: In a petition filed under Article 227 of the Constitution of India by the Committee of Management Anjuman Intezamia Masajid, against the order dated 21-7-2023 passed by the District Judge, Varanasi directing the Director of the Archaeological Survey of India (‘ASI’) to conduct a scientific survey of the Gyanvapi Mosque premises. Pritinker Diwaker, CJ while dismissing the petition and upholding the impugned order, said that the Varanasi Court was justified in ordering for ASI survey of the premises as scientific survey is necessary in the interest of justice.
The Hindu worshippers submitted that an ancient ‘Shivlingam’ was discovered by the Advocate Commissioner on 16-5-2022. The Hindu worshippers further submitted that for proper adjudication of the case, scientific investigation is necessary based on which length, width, height, age, make up and constituents of the ‘Shivlingam’ can be ascertained. As per them, the structure of mosque (Gyanvapi) was a temple but sometimes in the era of 1193-94 AD, the temple was demolished by the Muslim Rulers. The Hindu worshippers have claimed that the structure of Gyanvapi was nothing but a temple.
Considering the peculiar facts and circumstances as well as seriousness of the issue involved in the present petition, the Court felt it necessary to seek expert’s opinions in the matter from Government Agencies having expertise in such a field. Therefore, an officer of ASI was called upon to assist the Court.
The Expert submitted that ASI will conduct a detail survey in accordance with law and prepare a list of the antiquities which are found in building and carry out detail survey and undertake the exercise to find age and nature of the structure. He further submitted that ASI will conduct survey, documentation, photography, detail description, GPR survey and full studies without harming the existing structures. He also submitted that all the aforesaid works would be carried without any damage to the structures. He has submitted that the scientific investigation would be carried out beyond the structure and in open areas only; no drilling, no cutting, no removal of brick or stones from the existing structure will be done while conducting the survey and study.
It has been further submitted that archaeological sites will be in open place floor area which will not affect the structure at all, and no wall/structure would be damaged, and the entire survey will be conducted by the non-destructive method by using techniques such as GPR survey, GPS survey, the other scientific methods and other modern techniques.
The Court said that once the Department of Archaeology have made their stand clear that no damage is going to be caused to the property in question, it has no reason to doubt their statements and most importantly, the affidavit filed by the officer of the ASI explaining the circumstances. Further, it said that it is a settled proposition of law that issue of a Commission, at this stage, is permissible.
The Court further opined that the scientific survey/investigation proposed to be carried out by the Commission, is necessary in the interest of justice and shall benefit the parties alike and come in aid of the Trial Court to arrive at a just decision.
Thus, the Court dismissed the petition and upheld the impugned order. Further, it said that as the proceeding of suit has been lingering on for long, the Court concerned shall make all endeavour to conclude the proceedings expeditiously, without granting unnecessary adjournments to either of the parties by giving short dates.
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[Anjuman Intezamia Masajid Varanasi v. Rakhi Singh, Matters under Article 227 No. 7955 of 2023, decided on 03-08-2023]
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