Why in News?

The Allahabad High Court allowed the scientific survey of the Gyanvapi Masjid premises, Varanasi in the matter of Anjuman Intezamia Masajid Varanasi v. Rakhi Singh and 8 Others.

Background

• The present order came on the plea moved by the Anjuman Mosque Committee challenging the Varanasi Court's 21st July 2023 order of Archaeological Survey of India (ASI) under Article 227, wherein the District Judge had directed the Director of the ASI to conduct a “scientific survey” of the Gyanvapi mosque except for the area that was sealed earlier (wuzukhana).
• Thereafter the Supreme Court directed that the order passed by the Varanasi District Court for the ASI survey of the mosque should not be enforced till 26^th July 2023.
• The Apex Court while passing the abovementioned order granted petitioners the liberty to move the High Court in the exercise of its jurisdiction under Article 227 of the Constitution of India to challenge the order of the District Judge, Varanasi.

Court’s Observations

• The Bench of Chief Justice Pritinker Diwaker, has restored the order of the District Judge Varanasi and the parties have been directed to comply with the said order.
• The Court has also vacated its interim order staying the survey in question.

Gyanvapi Mosque Dispute

• It is believed that the Gyanvapi Mosque was built in 1669 by the Mughal ruler Aurangzeb by demolishing the ancient Vishweshwar temple (devoted to the Hindu deity Lord Shiva built by Todar Mal).
• The case of Gyanvapi mosque has been in dispute since 1991, when three persons, including Pandit Somnath Vyas, a descendant of the priests of the Kashi Vishwanath temple, filed a suit in the court of the civil judge of Varanasi claiming that Aurangzeb had demolished the temple of Lord Vishweshwar.
• In 2021, in the same court in Varanasi, a petition was filed demanding to worship in the temple of Shringar-Gauri.
• The court had asked the commission appointed in this matter to give the survey report by video graphing the idol of Shringar Gauri and the Gyanvapi complex.
• There has been a controversy over the survey and videography of this basement.
• Under Section 3 of the Places of Worship (Special Provisions) Act, 1991, it is prohibited to convert a place of worship, even its clause, into a place of worship of a different religious denomination or a different class of the same religious denomination.
• Several petitions pertaining to the matter of Gyanvapi Mosque were pending and all have been ordered to have a combined hearing under Order 4A of Civil Procedure Code, 1908 (UP Act 57 of 1976) on previous occasion.
• The Allahabad High Court has previously directed the ASI to conduct a scientific survey (using modern techniques) of the 'Shiva Linga' that has purportedly been found inside the Gyanvapi Mosque premises in Varanasi to ascertain its age.

Constitution of India, 1950

• The present petition was filed in the High Court of Allahabad under the power granted by Article 227 of the Indian Constitution.

Article 227 - Power of superintendence over all courts by the High Court -

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.

(2) Without prejudice to the generality of the foregoing provision, the High Court may—

(a) call for returns from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practicing therein.

Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force and shall require the previous approval of the Governor.

(4) Nothing in this article shall be deemed to confer on a High Court power of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.

Archaeological Survey of India (ASI)

• It is an Indian Government agency that is responsible for archaeological research and the conservation and preservation of cultural historical monuments in the country.
• The agency was founded in 1861 and is headquartered at New Delhi.
• The parent organization of the agency is Ministry of Culture, Government of India.
• The first Director-General of the agency was Alexander Cunningham whereas Mr. V. Vidyavathi holds the post at present.