Supreme Court to hear Gyanvapi mosque committee’s plea today against Allahabad High Court nod to ASI survey

Gyanvapi mosque case: The Supreme Court of India has agreed to hear today (August 4) the plea filed by the management committee of Gyanvapi mosque in Varanasi against the Allahabad High Court’s ruling that the Archaeological Survey of India (ASI) can survey the mosque premises, except for ‘wazu khana’.

As per the cause list published on the apex court website, a bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Mishra will also hear another plea filed by Anjuman Intezamia Masjid Committee under Article 136 of the Constitution challenging the order of the Allahabad High Court upholding maintainability of Hindu worshipper’s suit filed before the Varanasi court.

CJI Chandrachud on Thursday (August 3) agreed to consider listing the matter after advocate Nizam Pasha, appearing for the Mosque Committee, mentioned the matter for urgent listing. Parties to the case waited for hours for administrative orders of the CJI expecting that matter will be listed and heard by the Supreme Court on Thursday itself. Later in the evening, it was notified that the case will be listed on Friday before a CJI-headed bench.

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In the meantime, the Hindu plaintiffs in anticipation of the appeal on Thursday have lodged a caveat or a notice submitted to an appellate court by a litigant who wishes to be heard in case any orders are issued regarding an opponent’s appeal that challenges the decision or judgment made by the lower court.

In its order passed earlier in day on Thursday, the high court dismissed the plea moved by the Anjuman Intezamia Masjid Committee challenging the order passed by Varanasi district court directing the Archaeological Survey of India to survey the barricaded area of the mosque premises, barring the sealed area.

A bench headed by Chief Justice Pritinkar Diwakar of the high court brushed aside the Mosque Committee’s apprehensions that the survey may result in damage to the structure. “The survey is required to do justice. Survey needs to be done with few conditions. Do survey, but without dredging,” it said.

Earlier, the high court had directed the ASI not to carry out the survey until hearing in the case is completed. In the last week of July, it had reserved its order in the matter after hearing both sides. The Mosque Committee had told the high court that the historic structure may fall during the ASI survey. On the other hand, the ASI had maintained that radar mapping will not affect the structure of the mosque.

In an interim relief passed on July 24, the Supreme Court ordered that Varanasi court’s direction allowing an extensive survey of the Gyanvapi Masjid by the ASI will not be enforced till 5:00 pm on July 26. It asked the Masjid Committee to move the Allahabad High Court to challenge the order passed by the Varanasi district court. On July 21, the district court directed the ASI to ascertain whether the mosque was built over a pre-existing Hindu temple, holding that the scientific investigation is “necessary” for the “true facts” to come out.

The Varanasi court order sought a report from ASI up to August 4 when the matter will be taken up next. The court, however, ordered the exclusion of the section which had remained sealed since the Supreme Court order in May 2022.

The area under seal is where Hindus insist a Shivling has been found, while Muslims claim it is part of a fountain. The district court order came on applications moved by four of the five Hindu plaintiffs who filed a suit in August 2021, demanding the right of unhindered worship at the Maa Shringar Gauri Sthal. The mosque management committee, in its reply, refuted that the mosque was built over a temple, maintaining the structure at the spot was always a mosque. It opposed the survey, saying such an exercise cannot be ordered to collect evidence.

(With agencies inputs) 

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