The Anjuman Intezamia Masjid Committee has moved the Supreme Court of India after Allahabad High Court on Thursday allowed a scientific survey at Gyanvapi Mosque by the Archaeological Survey of India (ASI).
The Supreme Court has informed that they will hear the plea by the Anjuman Intezamia Masjid Committee on 4 August, Friday.
The move comes only hours after Allahabad high Court had given a green signal to ASI to conduct the survey vehemently being opposed by the Muslim side.
The Allahabad High Court's decision dismissed a Muslim body's petition which had challenged a lower court order asking the ASI to perform the survey to determine if the 17th-century mosque was built over a temple.
The matter was mentioned by advocate Nizam Pasha before Chief Justice D Y Chandrachud saying not to allow ASI to carry out the survey. "The Allahabad High Court has passed an order today. We have filed an SLP against the order. I have sent an email (seeking urgent hearing). Let them not proceed with the survey... ," Pasha said, according to a report by PTI.
The Supreme Court of India has said that it will look into the issue. The CJI said, “I will look at the email right away.”
Dismissing the petition filed by the Anjuman Intezamia Masjid committee, which manages the mosque, the Allahabad High Court said the district court's order for a survey on the disputed premises is ‘just and proper’.
The High Court added that no interference from this court is warranted.
There is no reason to not believe the ASI's assurance that the survey will not cause any damage to the structure, the court said, asserting that no digging should be done on the mosque premises.
The All India Muslim Board issued an official statement, wherein they called the Allahabd HC verdict a 'violation of the law'. The statement cited the 'Worship Places Act 1991', which prohibits "conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on 15h August 1947".
The All India Muslim Board said that the Allahabad HC's order allowing the ASI survey was a violation of the law and could potentially 'vitiate the communal atmosphere of the country and spread mistrust among communities'.
The Varanasi district court had on July 21 directed the ASI to conduct a "detailed scientific survey" -- including excavations, wherever necessary -- to determine if the Gyanvapi mosque located next to the Kashi Vishwanath temple is built upon a temple.
The mosque 'wazukhana', where a structure claimed by Hindu litigants to be a 'shivling' exists, will not be part of the survey -- following an earlier Supreme Court order protecting that spot in the complex.
Hindu activists claim that a temple existed earlier at the site and was demolished in the 17th century on the order of Mughal emperor Aurangzeb.
(With agency inputs)
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