Breaking: [Gyanvapi Survey] Mosque Committee Moves Allahabad High Court Against Varanasi Court's ASI Survey Order

The petition was filed a day after the Supreme Court on Monday directed that Varanasi Court’s order should not be enforced till 5 PM on July 26 so as to allow some "breathing time" to the Masjid committee to approach the High Court.

It may be noted that the Apex Court’s July 24^th order was passed by a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra while requesting the High Court Chief Justice to allow a hearing on Masjid’s plea before its interim order expires on July 26.

During the hearing, the 3-Judge bench also took note of a statement made on behalf of the Archaeological Survey of India (ASI) that it is not planning to carry out any excavation of the Gyanvapi site at least for a week, though the Varanasi District Court had allowed such excavation to determine if the 16th century mosque was built over a pre-existing temple.

Solicitor General of India Tushar Mehta informed the Court about the ASI's stance when the Gyanvapi Masjid Committee sought a stay of the Varanasi Court's order.

Read more about the Top Court’s order and Courtroom exchange here: Supreme Court Stays ASI Survey Of Gyanvapi Mosque Till July 26 5 PM; Asks Masjid Committee To Approach HC Against Varanasi Court Order

The background of the matter

On July 21, the Varanasi District Court allowed an application filed by 4 Hindu women worshippers seeking a scientific survey of the entire Gyanvapi mosque premises (except for Wuzukhana) by the Archaeological Survey of India (ASI) to find out whether the Mosque had been constructed over a pre-existing structure of the Hindu temple.

The court of District Judge AK Vishwesha passed this order in an application moved in May this year [under Section 75(e) and Order 26 Rule 10A of CPC] by the 4 Hindu Women Worshippers in a suit pending before the Court (Rakhi Singh and others vs State of UP and others) seeking all year-round worshipping rights in the Gyanvapi Mosque compound.

In the application, it was contended by the 4 women worshippers that a scientific survey of the entire mosque premises shall help them to prove the facts mentioned in their plaint. It was further averred that the survey will also help the Court to come to a logical conclusion on the basis of material collected and report submitted by a fact-finding expert agency.

In its 7-page order, the Court observed that the survey will help in "just and proper disposal of the case" and "true facts" will come before the Court.

The Court also called for a Report by August 4 and the matter has been put for further proceedings on the same day.

Earlier, the Allahabad High Court, on May 12, had directed the Archaeological Survey of India (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.

The order was passed by the bench of Justice Arvind Kumar Mishra while allowing a revision plea moved by 4 women Hindu worshippers challenging the Varanasi Court's October 14 order wherein the court had rejected their plea.

The High Court directed that the process should be carried out under the supervision of the Varanasi District Judge. The concerned authority of the ASI was directed to appear before the trial Judge on May 22 to seek suitable direction for carrying out the scientific investigation of the structure.

On a challenge made by the Mosque committee, the Supreme Court, on May 19, directed to put on hold the scientific investigation of inside the Varanasi Gyanvapi mosque.