Supreme Court Seeks Gyanvapi Mosque Committee's Response On Plea For ASI Survey Of Sealed Area

The Supreme Court on Friday (November 2022) sought the response of the Gyanvapi Masjid Committee to an application filed by Hindu worshippers for an ASI survey of the sealed area of the mosque (where a shivlinga was claimed to have been found).

A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan issued notice to the Committee of Management, Anjuman Intezemia Masajid (which manages the Gyanvapi mosque) on the application filed by the worshippers.

Senior Advocate Shyam Divan, assisted by Advocate Vishnu Shankar Jain, representing the plaintiffs, also informed the bench that they have filed an application to consolidate all suits and transfer them from the Varanasi District Court to the Allahabad High Court. However, that application was not listed today.

Senior Advocate Huzefa Ahmadi, for the Mosque Committee, submitted that the Special Leave Petition filed by the Masjid Committee questioning the maintainability of the suits as barred by the Places of Worship(Special Provisions) Act 1991 should be heard on priority. The said SLP (which was not listed today) is filed against the judgment of the Allahabad High Court which dismissed the Masjid Committee's petition under Order 7 Rule 11 of the CPC to reject the suits due to the bar under the 1991 Act.

Ahmadi also pointed out that the Mosque Committee's SLP challenging the High Court's order for the ASI survey is also not listed today. He suggested that all the matters be decided together, with priority be given to the issue whether the suits are barred under the Places of Worship Act. Divan agreed to the suggestion, saying that the issue has to be decided.

The bench agreed to post all the matters together on December 17. After the hearing, Justice Kant orally told Divan to think over if the matters could be consolidated before the District Court itself, so that the High Court can be kept as an appellate forum.

What was listed today was the SLP filed by the Committee of Management Ajuman Intezemia Masajid Varanasi in 2022 against the High Court's order allowing a survey by the Advocate Commissioner of the Gyanvapi mosque. In 2022, the Supreme Court had transferred the suits to the Varanasi District Court from the Court of Civil Judge Senior Division. The Court also ordered the sealing of the place(a wuzukhana), where a shivling was stated to have been found, and allowed the performance of namaz and Muslim religious performances in other places

In 2023, the Supreme Court allowed ASI survey of the mosque through a non-invasive process, except for the 'wuzukhana' area where the 'shivling' was claimed to have been found.

In April 2024, the Court ordered status quo on the performance of namaz in the mosque and Hindu rituals in the tehkhana (cellar).

Case Title: COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID VARANASI Versus RAKHI SINGH AND ORS., SLP(C) No. 9388/2022