On Wednesday (24/01/2024), a Varanasi district court issued an order to provide the scientific survey report conducted by the Archaeological Survey of India (ASI) in July 2023 to the concerned parties involved in the dispute regarding the Gyanvapi mosque.
Thank you for reading this post, don't forget to subscribe!
Uttar Pradesh: In the Gyanvapi-Kashi Vishwanath case, the Varanasi Court has made a pivotal decision to grant access to the Archaeological Survey of India (ASI) survey report to all parties involved. This move, ordered by Judge A.K. Vishvesha, is a crucial step in ensuring transparency and fairness in the ongoing legal proceedings.
The court’s observation was clear and emphatic.
“Both parties to the suit must be provided copies of the survey report so that they can file objections against the ASI report, if they think it proper. Without providing a copy of the survey report to the parties, it will not be possible for them to file objections against it,” the Court stated.
This directive underscores the importance of allowing both sides to review and challenge the findings of the ASI report, which is central to the case.
To facilitate this process, the court has instructed that the sealed envelope containing the ASI’s survey report, which was presented earlier, be opened by the appeal clerk.
“Subsequently, copies can be provided to the concerned parties upon their request, following the relevant legal provisions and rules,”
-the Court added, ensuring that the distribution of the report adheres to legal norms and procedures.
This case has been in the spotlight since last year when the Supreme Court rejected a plea by the Muslim party challenging the survey. The apex court’s decision was based on the rationale that the High Court’s order for the survey did not warrant interference at this stage. The court drew parallels with the Ayodhya case, where a similar survey was conducted.
The Muslim parties had also filed an application under Order VII Rule 11 of the CPC, challenging the maintainability of the suit on the ground that the Places of Worship Act of 1991 protects the status of all religious structures as they stood on August 15, 1947. This Act, introduced during the peak of the Ram Janmabhoomi movement, aims to preserve the historical religious status quo. However, both the district court and the High Court rejected this application, affirming the suit’s maintainability.
The Varanasi Court’s decision to release the ASI survey report to all parties marks a critical juncture in the Gyanvapi-Kashi Vishwanath case, paving the way for a more informed and transparent legal process. As the case progresses, the implications of the ASI’s findings and the subsequent legal arguments will be closely watched, given their potential impact on the religious and cultural landscape of the region.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
