New Delhi: Hours after the Allahabad high court on Thursday, August 3, paved the way for conducting a scientific survey of the Gyanvapi Masjid in Varanasi, to determine if it was constructed over a pre-existing structure of a temple, the Archaeological Survey of India (ASI) has begun the survey from the early morning of August 4, Friday.Meanwhile, the committee, in charge of taking care of the mosque, has moved the Supreme Court, challenging the verdict of the high court. The mosque side wanted the Supreme Court to decide their plea before the ASI started to work on the site.However, in a communication to the District Magistrate of Varanasi and Varanasi Police Commissioner, ASI additional director general Alok Tripathi said that the government agency would be “resuming archaeological survey and scientific investigation from early morning” of August 4, in compliance with the orders of the high court.The ASI official requested the Varanasi administration to provide them with access to the site as well as adequate security to the survey team for their work and stay.The district administration has shared a copy of the ASI letter with the parties involved in the case.Sayid Yasin, joint secretary of the Anjuman Intejamia Masajid, the caretaker of the masjid, shared a copy of the letter, which was sent to him by the administration, with The Wire.‘No regard for the Places of Worship Act’The Allahabad high court Chief Justice (CJ), Pritinker Diwaker, earlier on August 3 dismissed the Gyanvapi mosque committee’s petition, challenging the Varanasi district judge’s July 21 order for a survey of the premises by the ASI.While restoring the order passed by the district judge, Varanasi, C.J. Diwaker observed that “the scientific survey/investigation proposed to be carried out” was “necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and come in aid of the trial court to arrive at a just decision.”Yasin was dismayed by the verdict. “I’m filled with regret that we lost one Babri Masjid thinking that it would protect the others. But there seems to be no end to what others we may lose. What’s worse is that there is no regard for the Places of Worship Act, 1991,” he told The Wire.The high court restored the order of the district judge, who had in July directed the ASI director to undertake scientific investigation, survey or excavation at the site, i.e., settlement plot no. 9130, excluding the areas (the ablution tank) sealed by the Supreme Court last year.The district court had also directed the ASI to conduct a detailed scientific investigation by using GPR Survey, excavation, dating method, and other modern techniques of the present structure to find out whether it had been constructed over a pre-existing structure of the Hindu temple.The court had passed the directions in the application moved by four Hindu women in a suit that had been filed last year by them seeking year-round access for worship in the Gyanvapi compound.The high court also said that it had “no reason to doubt” the statements made by the ASI that “no damage is going to be caused to the property in question” during the course of the archaeological survey.During the course of the hearings, the high court had sought assistance of the ASI on the matter.Tripathi then submitted an affidavit in the court saying that the ASI will conduct a survey, documentation, photography, detail description, GPR survey, and full studies “without harming the existing structures”.The ASI would conduct a detailed survey in accordance with the law and prepare a list of the antiquities which are found in the building and carry out a detailed survey and undertake the exercise to find the age and nature of the structure.Tripathi informed the court that the survey works would be carried out without any damage to the structures.The scientific investigation would be carried out beyond the structure and in open areas only; no drilling, no cutting, no removal of brick or stones from the existing structure will be done while conducting the survey and the study.The entire survey would be conducted by non-destructive method by using techniques such as GPR survey, GPS survey, the other scientific methods and other modern techniques. In case any further investigation or excavation is required, the ASI would seek permission of the high court.Apprehensions that the building may get damagedA jubilant Vishnu Shankar Jain, one of the lawyers representing the Hindu petitioners, while talking to the reporters in Prayagraj, said that the survey should start soon. “Whatever there is, truth or lies, should come out before the court,” he said.Farman S. Naqvi, senior lawyer appearing for the Gyanvapi Masjid committee, however, told The Wire that he was not convinced by the ASI’s assurance on ensuring that the structure would not be damaged.“From the beginning, we have had apprehensions that the building may get damaged because it is an old structure. We claim it is 600 years old. The other side claims that it is even older – 1,000 years. The building is not made from modern material or with modern technology. If a loose brick falls from somewhere, who will be responsible?” he said.Naqvi further said that there was no similar precedent of a survey on an old structure to rely on or independent scientific advice on what methods would be or have been used in similar cases. “What guarantee is there that it will not be damaged,” asked Naqvi.Justice Diwaker found no substance in the Masjid committee’s argument that during the scientific investigation, if any excavation was carried out, it would damage the structure. The court said that the ASI affidavit had mentioned that they would not carry out any excavation.
