Gyanvapi Case: Varanasi Court bars media from publishing unofficial info about ongoing ASI Survey

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On August 10, a Varanasi Court prohibited the electronic and print media coverage of the Archaeological Survey of India’s (ASI) scientific investigation/survey of Gyanvapi premises to prevent ‘unofficial news’ from circulation. Furthermore, the court has directed the parties and the ASI officials to abstain from giving statements to the media regarding the survey in the Gyanvapi Case related to the Hindu worshippers’ suit.

The Anjuman Intezamia Masjid Committee moved the application before the Varanasi Court to restrain the electronic and print media from publishing ‘false news’ about the ASI survey of the Gyanvapi premises.

“Having heard both the parties, I am of the opinion that the nature of the survey work which is going on at the plot in question by the order of the court is sensitive. The ASI has no right to make any comment or give any information to the counsel for the plaintiffs or the counsel for the defendants regarding the survey. ASI officers are also bound to present the report of the survey only before the court and giving any information regarding the survey to print media, social media or electronic media is neither justified nor legal. Therefore, all the officers of ASI, who are doing the survey work, are ordered they will not give any information regarding the survey to any print media, social media or electronic media, nor any information regarding the survey and report about it only before the court,” District Judge AK Vishwesha said.

“Similarly, the plaintiffs and defendants and their advocates, district government advocates, civil and other officers are also ordered not to share any information regarding the survey with any print media, social media or electronic media, nor publicize it or disseminate so that the said report can be presented before the court only. If the print media, social media or electronic media wrongly publishes any news regarding the survey without official information, despite no information being provided by the ASI plaintiff side and the defendant side, then necessary action will be taken against them as per the law,” the court further said.

The Muslim side had moved the application before the Varanasi Court alleging that even though no ASI officials have made statements on the survey, the electronic, print and social media are spreading ‘false news.’

“They have been publishing and disseminating information related to the areas inside the mosque which have not been surveyed to date, due to which, there is a wrong impact on the daily life of the public and different types of things are being generated in the minds of the public and the enmity is spreading,” the Muslim side’s application read.

On August 4, the Supreme Court of India upheld the Varanasi Court’s order allowing ASI to conduct a scientific investigation of Gyanvapi premises. The Muslim side had moved the Supreme Court to challenge the Allahabad High Court’s August 3 verdict upholding the trial court’s decision. The apex court noted that the ASI, in its affidavit, has assured that non-destructive methods would be used to conduct the scientific investigation.

Muslim Side’s Application to Stop Ongoing ASI Survey
Notably, the Muslim side has also moved a fresh application before the Varanasi Court to stop the ongoing ASI survey of the Gyanvapi premises with “immediate effect.” The Hindu worshippers have been given time till August 17 to file their objections to the Muslim side’s application.

The Muslim side has argued that while the Varanasi Court allowed the ASI to conduct a scientific investigation of the Gyanvapi premises, the plaintiffs have failed to deposit monies to bear the expenses incurred for the survey in accordance with Rule 70 of General Civil Rule, and thus, directions should be issued to stop the survey with “immediate effect.”

The Muslim side further argued that no written or oral information about the scientific investigation had been given by the ASI. The Muslim side further contended that no time has been fixed for the ASI survey and despite this, the agency has been conducting the scientific investigation. The application argues that the same is not proper, and thus, has to be stopped.

“That the ASI The survey work being done by the is being done contrary to the procedure prescribed in the law which is illegal. Which is necessary and justified to be stopped with immediate effect,” the Muslim side’s application stated.

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