A Varanasi court on Thursday ordered an archaeological survey of the disputed premises, claimed both by the Kashi Vishwanath temple and the Gyanwapi mosque in the holy city.
The order was given by a senior division civil court on a plea pending before it since 2019, petitioner counsel Vijay Shankar Rastogi said.
Meanwhile, Uttar Pradesh Sunni Central Waqf Board has announced to challenge the court order. Board chairman Zufar Ahmad Faruqi in a statement said, “Our understanding is clear that this case is barred by the Places of Worship (Special Provisions) Act, 1991... Even otherwise, we can say as per legal advice that the order of survey is questionable because technical evidence can only supplement certain foundational facts. No evidence has been produced before the court that suggests that there was a prior existing temple at the site of the mosque.” he added.
In his order, a senior civil judge of the fast track court asked the UP Government to get examined the disputed premises by a five-member team of the Archaeological Survey of India at its expense.
The court also stipulated that at least two members of the five-member team of eminent archaeologists should be from the minority community, Rastogi said.
He said the court gave this order on a plea filed by him as the "next friend" of the self-existing Lord Vishweshvar Kashi Vishwanath, in the deity's status as a "legal person" under a doctrine of legal fiction.
According to this legal doctrine, non-living entities including banks, corporations and even deities but not mosques are presumed to be living persons for adjudication of any matter involving them and such entities are represented in the court by what is known as their "next friend".
Rastogi said in his plea he had contended that the Gyanwapi Mosque in Varanasi is a part of Vishveshwar Temple and the court has ordered an ASI survey of the disputed area between the two shrines on this plea.
Faruqi said even in the Ayodhya judgment, the ASI excavation was ultimately of no use. The ASI did not find proof that the Babri Masjid was built upon demolition of a temple.
He said the Supreme Court has specifically observed that there was no such evidence.
"Thus, this practice of mosques being 'investigated' by the ASI has to be stopped. We will be approaching the High court immediately against this unwarranted order," he further added.