BREAKING: Varanasi Court Allows Hindu Worshippers' Plea Seeking ASI Survey Of Gyanvapi Mosque Premises
Live LawThe Varanasi District Court today allowed an application filed by 4 Hindu women worshippers seeking a SCIENTIFIC survey of the entire Gyanvapi mosque premises by the Archaeological Survey of India to find out as to whether the Mosque had been constructed over a pre-existing structure of the Hindu temple The court of District Judge AK Vishwesha today pronounced the order after hearing both parties on July 14. BREAKING: Varanasi District Court ALLOWS an application filed by Hindu women worshippers seeking a survey of the entire Gyanvapi mosque premises by the Archaeological Survey of India. "That the actual facts existing within the building in question cannot be proved by oral evidence, and the nature of construction, the age of the structure, certain objects hidden behind the artificial walls and beneath the structure can be proved before the court only on the basis of expert opinion which may be given by ASI in this case.it is necessary and expedient in the interest of justice that the Hon’ble Court by virtue of Section 45 of the Indian Evidence Act direct the ASI to conduct a survey and submit a report with regard to the crucial question involved in this suit," the application states. Therefore, the application prays that Court directs the Director of the ASI:- to undertake the scientific investigation/survey/excavation at the property in question excluding the areas sealed by the Supreme Court to conduct a detailed scientific investigation by using the GPR Survey, Excavation, Dating method and other modern techniques of the present structure to find out as to whether the same has been constructed over a pre-existing structure of the Hindu temple; to conduct a scientific investigation in the light of the averment made in this application after associating the Plaintiffs, Defendants and their respective counsels and submit report to this Hon’ble Court within the stipulated time as provided by the Hon’ble Court and also to photograph and video-graph the entire survey proceedings; to investigate the age and nature of construction of the western wall of the building in question through the scientific method; to conduct Ground Penetrating Radar survey just below the domes of the building in question and conduct the excavation, if required; to conduct Ground Penetrating Radar survey beneath the western wall of the building and conduct the excavation, if required; to conduct Ground Penetrating Radar survey beneath the ground of all the cellars and conduct the excavation, if required; to prepare a list of all the artefacts which are found in the building specifying their contents and carry out a scientific investigation and undertake a carbon dating exercise to find out the age and nature of such artefacts; to conduct carbon dating exercise of the pillars and plinth of the building to find out the age and the nature of construction; to conduct GPR survey, excavation wherever required, dating exercise and other scientific methods for determining the age and nature of construction existing at the site in question; to investigate the artefacts and other objects of historical and religious importance existing in different parts of building and also beneath the structure which may be found during such exercise; The application had been filed through Advocates Hari Shankar Jain, Sudhir Tripathi, Subhash Nandan Chaturvedi and Vishnu Shankar Jain.