Allahabad High Court gives nod for ASI survey of Gyanvapi, exercise may begin today

The Allahabad High Court on Thursday gave its nod for a scientific investigation and survey of the Gyanvapi mosque in Varanasi to ascertain whether it has been built over a pre-existing structure of a Hindu temple. It observed that the survey was “necessary in the interest of justice” and shall benefit both parties involved in the matter.

The HC passed the order dismissing the Anjuman Intezamia Mosque Committee’s petition challenging a July 21 order passed by the district judge of Varanasi wherein he had directed the Archaeological Survey of India (ASI) to undertake a scientific investigation of the mosque, excluding the area sealed by the Supreme Court (the wazuk-hana), to find out whether the mosque was constructed over a pre-existing structure of a Hindu temple. Soon after the HC's verdict, the mosque committee moved the Supreme Court challenging the order.

“In the opinion of the Court, the scientific survey/investigation proposed to be carried out by the Commission, is necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and come in aid of the trial court to arrive at a just decision. The law laid down and discussed above, makes it clear that the Court below was justified in passing the impugned order.


The present petition lacks substance and is liable to be dismissed,” chief justice of Allahabad HC, Pritinker Diwaker, said in his verdict, urging the trial court to expedite proceedings in the case as it has been lingering for too long.

Among other observations, the court held that the law did not bar the appointment of a commission for better adjudication of a dispute and that it could be appointed prior to the trial, if required.

It also did not agree with the committee’s argument that a survey/excavation would damage the structure. In this, the HC relied on an affidavit filed by the ASI mentioning that no excavation will be carried out and on its assurance that “no demolition of property will take place by any one, nor any existing structure would be altered”. On the mosque committee’s submission that the suit was barred under the Places of Worship (Special Provisions) Act of 1991, the court held that for the time being this question was not a subject matter as none of the parties had raised any grievance before the court while making their submissions.

Later, Varanasi DM S Rajalingam said the ASI has sought assistance from the district administration to carry out the survey from Friday and all assistance will be provided to it.

Both the deputy CMs of UP –– Brajesh Pathak and Keshav Prasad Maurya –– tweeted welcoming the order and said the survey will “bring out the truth”. Earlier in the week, UP CM Yogi Adityanath had made a statement urging the Muslim community to acknowledge “historical mistakes” and initiate a conversation around a solution to the Gyanvapi-Kashi Vishwanath dispute.