BREAKING | [Gyanvapi] 'Scientific Survey Necessary In Interest Of Justice' : Allahabad HC Dismisses Mosque Committee's Challenge To ASI Survey Of Premises

"ASI was not a party before the District Judge. All directions have been issued to them. Secondly, if a state party is not a party to the case. It should be communicated to them properly in writing. Yesterday, the entire 30-member team of ASI reached the Mosque," he argued.

On day 3 of the hearing in the matter, Senior Counsel SFA Naqvi once again expressed his apprehension that the structure could be damaged. He also apprised the bench of the presence of the ASI officials at the disputed site with spades. He added that no issues have been framed in the Court and yet, a Survey has been ordered in the case.

It was his further argument that the court can not be used to collect evidence on behalf of a litigant who has no evidence, and since the plaintiffs have admitted they have no evidence and now, they were seeking evidence through the Court by seeking a direction to a third party.

However, when the CJ asked him if the spades available at the spot, as claimed by him, were used, he responded by saying that the spades were not since a stay order of the court was in operation. The CJ further added that the apprehension of the Anjuman Committee can't come in the way of Plaintiffs seeking legal rights. However, the bench did ask the UP Government to take note of the apprehensions of the Committee.

In this regard, Advocate Vishnu Shankar Jain (for Caveators) argued that the Commission does not, in any way impinge upon the petitioner's rights and that they can always object to the same, if they feel so.

Defending the Varanasi Court's July 21 order for an ASI Survey of the Mosqye premises, he submitted that the order for issuance of commission is valid under Order 26 Rule 10 read with section 75 CPC. Upon the query by the CJ as to whether Experts need to be made a party to Suit, he said that experts are never required to be made parties to suit.

Jain also submitted that inside Gyanvapi premises, Sanskrit shlokas, old Jyotirlinga, Hindu artefacts, etc. present. He added that the Pillars exist inside the structure on the northern side and the same was painted repeatedly to hide its original character. He also claimed that beneath the central dome of the Mosque, hollow sounds come.

Lastly, he submitted that the Commission can very well be constituted in order to obtain evidence which from its peculiar nature can only be obtained from the spot.

During the hearing, the CJ looked concerned about the delay in the disposal of the suit file by the 4 Hindu worshippers in 2022 seeking year-round worshipping rights inside the Gyanvapi Premises. He also sought details of the proceedings in the case so far.

"But to date, no direction for early disposal of the suit has been passed. I just want to know why this matter has been pending for the last 2 years," the CJ said.

The Advocate General appearing for the State argued that the order of the Varanasi Court is very innocuous, only to ascertain the truth and there can not be any issue between the plaintiff and the defendant. He however added that there won't be any law and order problem no matter what the directions are given by the Court.

The ASI official present before the Court during the Court hearing had submitted that ASI monitors archaeological activities within the country and that its Prime objective is to protect monuments within the country. He added that no damage would be caused to the structure. It was also submitted that at best brushing may be needed and there would be no scratching or damage to the structure.