Allahabad HC stays Varanasi court's orders for ASI survey at Kashi Vishwanath Temple-Gyanvapi Mosque premises

In a significant decision, the Allahabad high court on Thursday stayed the orders of the Varanasi district court for an archaeological survey at the disputed Kashi Vishwanath Temple-Gyanvapi Mosque premises in Varanasi.

A single bench headed by Justice Prakash Padia passed the order on the petition of the Anjuman Intezamia Masjid, Varanasi challenging the decision of the lower court.

The HC observed that the lower court should not have "proceeded and decided the application seeking ASI survey" in the complex as the matter was pending in the HC.

"The judicial courtesy and decorum warranted such discipline which was expected from the court below but for the unfathomable reasons, neither of the courses were taken....It is to be regretted that the court below departed from this traditional way in the present case and chose to examine the question itself," the court observed further.

Read | Gyanvapi Mosque gives land to Kashi Vishwanath Corridor

The court said that "judicial enthusiasm should not obliterate the profound responsibility that is expected from the Court below".

A Varanasi district had in April this year directed for the ASI survey in the complex on the application of Vijay Shankar Rastogi, who had contended that the entire premises belonged to the Kashi Vishwanath and that the Gyanvapi Mosque was only a part of the Temple. The petition had been filed in 1991.

Rastogi had also cited the example of ASI excavation to resolve the dispute of ownership in the Ram Janambhoomi-Babri Masjid Title Suits.

The Muslim side had pleaded that the situation, as it was on August 15, 1947, should be allowed to continue.

The premises had been a bone of contention between the two communities for the past several decades but there was renewed clamor to "take back" the Kashi Vishwanath Temple premises by the saffron outfits after the favourable decision of the apex court in the Ram Temple case.

The Akhil Bhartiya Sant Samiti (ABSS) had earlier asked the Muslims to "hand over" the Kashi Vishwanath Temple land in Varanasi on which, according to them, the Gyanvapi Mosque currently existed and had threatened to launch an agitation to 'liberate' the same if it did not happen.

Some saffron leaders had even threatened to demolish, what they termed the 'blots' on the rich history of Hinduism and said they must be 'removed' without delay.

Watch latest videos by DH here: