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"Judicial Enthusiasm": HC on Court allowing ASI survey at Gyanvapi Mosque

The ASI survey was ordered on a plea demanding the restoration of the land on which the Gyanvapi Mosque stands, to Hindus

Thursday September 9, 2021 8:06 PM, ummid.com with inputs from IANS

Gyanvapi Mosque Survey

Prayagraj (UP): The Allahabad High Court on Thursday stayed the Varanasi lower court order directing the Archaeological Survey of India (ASI) to conduct a comprehensive physical survey of the Gyanvapi mosque compound adjacent to the Kashi Vishwanath Temple in Varanasi.

The Allahabad High Court while staying the ASI survey also made some strong observation vis-a-vis the lower court's order even as a judgment on the matter was reserved on 15.03.2021.

"Judicial courtesy and decorum warranted such discipline, which was expected from the court below. But for unfathomable reasons, neither of the courses was taken," Justice Padia said.

Also Read | Kashi-Mathura: Is India at the brink of another Temple Movement?

The judge regretted that the lower court had departed from this "traditional way".

"I have said so with the fond hope that judicial enthusiasm should not obliterate the profound responsibility that is expected from the court below," a single-judge High Court bench of Justice Prakash Padia said.

 

The lower court on April 8 had ordered an ASI survey to investigate the mosque premises, saying that the exercise was required to decide on pleas that allege the mosque was built by Mughal emperor after partially demolishing a Hindu shrine.

The order was on a plea demanding the restoration of the land on which the Gyanvapi Mosque stands, to Hindus.

Also Read | Deeper Look: How Muslim rulers aided and built Hindu temples

The plaintiffs, on behalf of the ancient idol of Hindu Lord Vishweshwar, had said that the Mughal ruler Aurangzeb, in 1664, destroyed the temple and built a mosque on its remains.

A suit was filed in 1991 seeking restoration of the ancient temple at the site where the Gyanvapi Mosque currently stands.

On March 15, the Allahabad High Court reserved its judgment on various pleas, which had challenged the maintainability of the 1991 suit before the Varanasi trial court, seeking restoration of an alleged temple at the site where the Gyanvapi Mosque at Varanasi now stands.


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