Muslim side to approach SC after Allahabad HC allows ASI survey of Gyanvapi
On July 3, the Allahabad High Court dismissed the Muslim sides plea that the survey would damage Gyanvapi mosque’s structure
Hours after the Allahabad High Court allowed the ASI survey of the Gyanvapi mosque in Varanasi, the Muslim side is now considering moving the Supreme Court.
Maulana Khalid Rasheed Farangi Mahli, member of the All India Muslim Personal Law Board, said, “We are hopeful that justice will be done as this mosque is about 600 years old and Muslims have been offering prayers there for the last 600 years. We also want that the Places of Worship Act should be implemented in all the places of worship in the country. We will implement the order of the court. The court said that no excavation should be done at that site. One option before the Muslim side is to challenge the matter in the Supreme Court. So that we can get some relief.”
Earlier in the day, the Allahabad High Court dismissed the Muslim side's plea that the survey may damage the structure, and said: "The survey is required to do justice. Survey needs to be done with few conditions. Do survey, but without dredging."
On Thursday's verdict, Vishnu Shankar Jain, lawyer of the Hindu side, said: "Allahadbad High Court has allowed the ASI survey and asked to implement order of the district court with immediate effect. ASI has submitted its affidavit. Now, no question arises. The High Court has dismissed plea of Muslim side."
The Anjuman Mosque Committee had moved the high court challenging the order of the Varanasi Court directing the ASI to survey the mosque premises (except for wuzukhana).
The Supreme Court on July 24 had stayed the ASI survey till July 26 so as to allow some "breathing time" to the Masjid committee to approach the High Court.
The top court had asked the Masjid Committee to move the Allahabad High Court to challenge the order passed by the Varanasi District Court.
The main plea filed by the Anjuman Intezamia Masjid Committee under Article 136 of the Constitution challenges the order of the Allahabad High Court upholding maintainability of Hindu worshipper's suit filed before the Varanasi court.
The management committee of the Gyanvapi mosque has apprehended that the historic structure may fall during the ASI survey.
The ASI had said that the structure of the mosque won't be affected as radar mapping will be done.