Hearing the petition pertaining to the Kashi Vishwanath temple and Gyanvapi mosque in Varanasi, the Allahabad High Court termed the response of the Uttar Pradesh Government as ‘sketchy’. The court also directed the Additional Secretary (Home) U.P. Government to file his personal affidavit in the matter within 10 days.
Terming the issue a “matter of national importance”, the court also directed the Director General of Archeological Survey of India (DG-ASI), Delhi, to file his personal affidavit in the matter within the same period.
The court also extended the interim stay on a Varanasi court order dated April 8, 2021, directing the ASI to conduct a physical survey at the Kashi Vishwanath temple-Gyanvapi mosque complex till September 30, 2022. The stay order was first given in September last year.
Explained | The Gyanvapi Mosque-Kashi Vishwanath dispute and the current case
One of the respondents in the case, the next friend of Lord Visheshwar, argued that the Places of Worship (Special Provisions) Act, 1991, makes it clear that it relates to the prohibition of conversion of a place of worship and from perusal of the plaint, the plaintiff does not seek the conversion of the place.
It is argued that the religious character of the place in dispute is a temple that is in existence from ancient times till today, therefore, for better adjudication of the application under Order VII Rule 11 of the Code of Civil Procedure (CPC) the evidence should be led.
“M.C. Chaturvedi, Additional Advocate General/Senior Counsel assisted by advocate Hare Ram is present on behalf of the respondent. Counter affidavit has been filed in the aforesaid cases. The aforesaid counter affidavit is very sketchy. Almost all the paragraphs of the petition, i.e. Paragraphs No.3 to 50 were replied as ‘need no comments.’,” the court stated.
In the circumstances, Additional Secretary (Home) U.P. Government is directed to file his personal affidavit in the matter within ten days, it said.
As no one from ASI was present in the hearing, the court said that even the ASI’s short counter affidavit is ‘very sketchy’ and runs only two and a half pages.
“Since the matter is of national importance, the Director General, Archeological Survey of India, New Delhi, is directed to file his personal affidavit in the matter within the same period,” said the court.
The petition was filed by Anjuman Intazamia Masazid, while the first Additional District Judge, Varanasi, and others were the respondents in the case, which is being heard by Justice Prakash Padia.
The next date of hearing is September 12.
