VARANASI, Jan 3: The Archaeological Survey of India (ASI) on Wednesday moved an application in the Varanasi district court with a prayer to differ or adjourn proceedings related to the opening and disclosure of the survey report of the Gyanvapi complex so that it could comply with the orders of the Allahabad High Court.
Madan Mohan Yadav, the counsel of one of the plaintiffs of Hindu side, said that after hearing the arguments of all the sides District Judge Dr Ajay Krishna Vishvesha reserved his order which is likely to be pronounced on Thursday.
He said that the counsels of Anjuman Intezamia Masajid Committee also moved an application praying to give permission to clean the wazookhana inside the complex.
The ASI in its application moved through its counsel has stated that the court vide its order dated July 21, 2023 had directed the agency to conduct survey of the premises at settlement plot number 9130 in accordance with the direction contained in the judgment itself.
It said, “In compliance with the aforesaid order, the ASI conducted scientific investigation and survey work and prepared the detailed report and submitted it to the court on December 18, 2023 in a sealed cover.”
The application stated that the ASI was also directed by the High Court to submit the report on the scientific investigation and survey work in the Civil Court, Senior Division, Fast Track Court, Varanasi in original suit number 610 of 1991 (in writ no. 3562 of 2021 and 3844 of 2021 filed under Article 227).
It may be noted that the HC had ordered, “Further identical controversy has been raised through case no. 3562 of 2021 and 3844 of 2021. As the ASI shall submit the same report in suit and in case it is found that further survey is required, which have been left out in the survey conducted by ASI, the court below shall issue necessary directions to carry out further survey in view of order dated April 8, 2021.”
The ASI said that in compliance of the order of High Court the survey report submitted earlier by the agency in the above suit number 18 of 2022 in the sealed cover is of vital importance. “If the survey report is unsealed and disclosed in public before the submission of the copy of the said survey report in the original suit number 610 of 1991 in the suit of Ancient Idol of Swayambhu Lord Vishweshwar versus Anjuman Intezamia Masjid and others in the Court of Civil Judge, Senior Division, Fast Track Court, Varanasi in compliance of the order of High Court, there is the more chance of spread rumor and misrepresentation in public, which may affect the work of ASI,” it stated.
The agency pleaded that in compliance with the order of the High Court ASI is working for submission of the copy of the survey report which may take some more time to prepare for the submission in the suit number 610 of 1991. “That, for the smooth compliance of the said survey report before the submission the copy of said survey report in the suit of Ancient Idol of Swayambhu Lord Vishweshwar Vs Anjuman Intezamia Masjid and Others in the Court of Civil Judge, Senior Division, Fast Track Court, Varanasi.
It stated, “That in above mention circumstance it is necessary that the court may differ or adjourned the proceedings related to the opening and disclosure of the said survey report submitted in the above mentioned suit number 18 of 2022 for four weeks for the proper submission of the copy of the survey report in the original suit number 610 of 1991 in compliance of the order of the High Court without any disturbance.”
The ASI has prayed, “It is therefore respectfully prayed that for the interest of justice the court may please differ or adjourned the proceeding with regard to the opening and disclosure of the sealed survey report submitted by ASI for four weeks, so that the agency complied with the order of the High Court in writ number 3562 of 2021 and 3844 of 2021 and submit the copy of the said survey report in the original suit in the Court of Civil Judge, Senior Division, Fast Track Court, Varanasi.” (UNI)
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