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Before the High Court, the Masjid Committee asserted that the Muslim parties' past experience in this regard had not been good and also the application moved by the Hindu worshippers itself mentioned that excavation needs to be done to collect evidence to strengthen their case.
The Anjuman Intezamia Mosque Committee has approached the Supreme Court of India challenging the Allahabad High Court's refusal to interfere with the order of the Varanasi Court passed on July 21 directing the Archeological Survey of India (ASI) to conduct a survey of Gyanvapi without causing any damage.
Advocate Nizam Pasha mentioned the impugned order before CJI Chandrachud's bench today as it was rising at 4PM.
"I have emailed the SLP to your lordships..let them not carry on", Pasha submitted.
To this, CJI replied, "We will have a look at it right away..".
On July 24, the Supreme Court had stayed the Varanasi District Court order allowing the plea moved by four Hindu worshippers seeking a survey of the entire Gyanvapi premises except for the Wazukhana area by ASI.
"Having regard to the fact that order of district court was passed on Friday July 21, at 4:30 PM, we think that some breathing period should be allowed to the petitioners. We therefore direct that the district court's order SHALL NOT BE ENFORCED TILL JULY 26, 2023 5PM.", a bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra had ordered.
The top court had asked the mosque committee to approach the High Court after hearing Senior Advocate Huzefa Ahmadi, who had questioned the haste for the survey.
Before the Allahabad High Court, Senior Counsel SFA Naqvi representing the Masjid Committee, had submitted that if a survey of Gyanvapi is conducted by ASI, as ordered by the Varanasi District Court, damage will be caused to the building.
He had further contended that the application moved by the Hindu worshippers was at a premature stage as pleadings are yet to complete in the main suit.
High Court's bench of Chief Justice Pritinker Diwaker had gone on to reserve its judgment in the Mosque committee's plea on July 27.
Background:
The impugned order of the district court was passed in an application filed in the suit pending before the local court for year-round permission to worship Hindu gods inside Gyanvapi.
Plaintiffs contended in the said suit that “Asthan Lord Adi Visheshwar, Jyotirlinga” was damaged in 1669 under the orders of Mughal Ruler Aurangzeb but “Maa Shringar Gauri, Lord Ganesh and other subsidiary deities” continued to exist within the ancient temple, which is claimed by Muslims to be part of the “Gyanvapi Mosque”. District Judge AK Vishwesha had reserved the verdict on the Hindu worshipper’s plea on July 15.
Notably, the Allahabad High Court has already allowed an ASI survey/ scientific survey of the alleged Shivlingam found at Gyanvapi for evaluation of its age.
High court had tabled the verdict on May 12, 2023 in a revision petition filed by the Hindu plaintiffs against the dismissal of their application seeking a scientific probe of the Shivlingam-like structure by the District Judge.
A Shivlingam-like structure was found inside the Wazookhana of the Gyanavpi complex on May 16, 2022, during a survey by the court-appointed commission. It is the Hindu plaintiffs' claim that the structure found inside the Wazookhana of the mosque complex is a Shivalingam, however, the claim is contested by the Muslim side who argue that it is actually a non-functioning old fountain.
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