Prayagraj: The Allahabad High Court on Thursday allowed the Archaeological Survey of India (ASI) to inspect the Gyanvapi mosque in Uttar Pradesh's Varanasi.
"Issue of a commission is permissible. The Varanasi court was justified in ordering for ASI survey of the premises. Scientific survey is necessary in the interest of justice, " said the bench of Chief Justice Pritinker Diwaker while dismissing plea.
No digging will be permitted at the mosque premises during the survey without separate permission, the court said.
Chief Justice Diwaker had ordered an interim stay on the ASI survey till its verdict on August 3.
The Anjuman Mosque Committee, which manages the mosque, moved the high court challenging the order of the Varanasi court directing the ASI to survey the mosque premises barring the 'wuzukhana'.
The aforesaid order was passed on an application filed by four Hindu women worshippers who are party to a suit filed before the district court seeking year-round access to worship inside mosque premises.
The Anjuman committee argued in the high court that the Archaeological Survey of India (ASI) was never a party to the suit or never noticed by the Varanasi court.
A Varanasi court had earlier directed the ASI to conduct the survey, including excavations, wherever necessary, to determine if the mosque was built at a place where a temple existed earlier.
Meanwhile, two pleas have been filed in the Varanasi district court and the Allahabad High Court seeking protection of "Hindu signs and symbols" in the Gyanvapi mosque complex in Varanasi.
In the public interest litigation filed before Allahabad High Court, the petitioners have sought directions to the state government and the district administration to seal the entire Gyanvapi mosque premises without affecting the ASI survey so that "no damage can be done by non-Hindus to Hindu sign/symbol" found during the survey.
It also urged that non-Hindus may be restrained from entering the "old temple area" in the complex till the disposal of suits pending in the district court of Varanasi on the Gyanvapi issue.
