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PremiumIn a relief to the Gyanvapi management committee, the Supreme Court on Monday halted till 5 pm of July 26 a "detailed scientific survey" by the ASI to determine if the mosque located next to the Kashi Vishwanath temple in Varanasi was built upon a temple, saying "some breathing time" needed to be granted to appeal a district court order.
A Varanasi court had on Friday directed the Archaeological Survey of India (ASI) to conduct the survey, including excavations, wherever necessary, to determine if the mosque was built at a place where a temple existed earlier.
“There should be no invasive or excavational work at the Gyanvapi mosque for for next two days," Supreme Court court directed Archaeological Survey of India (ASI) on Monday, while agreeing to hear a plea later today.
The directive comes after after Varanasi court had given a go-ahead to ASI to conduct a scientific survey of the Gyanvapi mosque. However, the plea mentioned that the directive for a survey includes excavation of the entire premises which is against the ‘spirit of SC order’.
The lower court in its order last week cited that the ASI would be allowed to conduct a "detailed scientific survey" -- including excavations, wherever necessary -- to determine if the mosque was built at a place where a temple existed earlier.
The mosque's "wazookhana" (a small reservoir for Muslim devotees to perform ritual ablutions), where a structure claimed by the 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.
District judge A K Vishvesh directed the ASI to submit a report to the court by August 4. (Read here)
A caveat petition in the Gyanvapi case was filed by Rakhi Singh, a petitioner from the Hindu side, in the Allahabad High Court on Monday, on the order of Varanasi Court directing a survey of the sealed area on the mosque complex by the Archaeological Survey of India (ASI).
The caveat petition was filed through advocate Saurabh Tiwari through the e-filing mode.
Also the main petitioner in the Shringar Gauri Sthal case, Rakhi Singh also came out in support of the ASI survey at the Gyanvapi mosque complex.
In her caveat, Rakhi urged the Allahabad High Court not to give its judgment without hearing the petitioner should the Anjuman Intezamia Masjid Committee approach it challenging the July 21 order of the Varanasi court.
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and may provide the opportunity of hearing before passing any order in favour of proposed Petitioner(s)/revisionist(s) and/or pass such other and further order , which this Hon'ble Court may deem fit and proper," the caveat read.
The apex court's order came at a time when a 30-member team of the ASI was inside the mosque complex to carry out the survey on Monday. The survey was immediately stopped after the apex court order.
“Having regard to the fact that the order of the District Court was pronounced at 4.30 pm on 21 July 2023 and the survey is in the process of being carried out today, we are of the view that some ‘breathing time’ must be granted to the petitioners to move the High Court for pursuing their remedies.
"We direct that the impugned order of the District Court shall not be enforced until 5 pm on 26 July 2023. This shall not be construed as the expression of opinion on the merits," the bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra ordered.
