The Allahabad High Court on Thursday stayed a Varanasi court order for an “archaeological survey” of the Kashi Vishwanath Temple-Gyanvapi Mosque complex for determining if any temple ever existed in place of the mosque.
Justice Prakash Padia also stayed all further proceedings before the Varanasi fast-track civil court on the plea seeking the archaeological survey of the temple-mosque complex.
Justice Padia stayed the Varanasi civil court order, ruling that the subordinate court passed its order ignoring the fact that the high court had reserved its verdict on the plea challenging the maintainability of the suit which had been filed earlier in the lower court for the survey.
The High Court gave its order on two pleas, filed respectively by the Uttar Pradesh Sunni Central Waqf Board and Anjuman Intazamia Masazid, Varanasi, challenging the April 8 order of the Varanasi fast-track court.
“From the perusal of the record, it is clear that the judgment was reserved in all pending petitions by this court after hearing the learned counsel for the parties at length on March 15 this year,” Justice Padia pointed out.
“The court below has the full knowledge of the fact that the judgment has already been reserved on March 15,” he said.
“In this view of the matter, the court below should not have proceeded and decided the application filed by the plaintiffs in the Original Suit for the survey by Archaeological Survey of India,” Justice Padia added.
“In the opinion of this court, the court below should have waited for the verdict on the petitions pending before the High Court and not proceeded further in the matter till a judgment was delivered,” he said.
The High Court also directed that till the next date of hearing all further proceedings on the suit pending before the lower court for the survey of the twin shrine complex shall remain stayed.