Gyanvapi Mosque Case: Masjid Committee Moves SC Challenging Allahabad HC Order Allowing ASI Survey
Gyanvapi Mosque Case: Advocate of the Anjuman Intezamia Masjid Committee approached Supreme Court after Allahabad HC allowed the ASI to carry out the scientific survey of the premises.
The Anjuman Intezamia Masjid Committee, which manages the Gyanvapi mosque, on Thursday moved the Supreme Court challenging the Allahabad High Court order allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the mosque premises. The advocate of the Masjid Committee mentioned the matter before the Supreme Court asking not to allow the ASI to carry out the survey, news agency PTI reported. The apex court will hear the matter tomorrow, August 4.
Advocate Nizam Pasha mentioned the matter before Chief Justice D Y Chandrachud for an urgent hearing."The Allahabad High Court has passed an order today. We have filed an SLP against the order. I have sent an email (seeking an urgent hearing). Let them not proceed with the survey...," Pasha said, as quoted by PTI. The CJI responded saying, "I will look at the email right away."
According to PTI's report, one of the parties from the Hindu side has also filed a caveat in the Supreme Court seeking that no orders be passed without hearing them in the matter.
This comes as the High Court permitted a scientific survey at Gyanvapi, dismissing the Muslim body's petition which challenged a lower court order letting the ASI perform the survey to ascertain if the 17th-century mosque was constructed over a temple, PTI reported.
The district court order is just and proper and there is no need to meddle with it, the High Court observed while asserting that no digging should be done during the survey, as per PTI.
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According to advocate Vishnu Shankar Jain, representing the Hindu side, the High Court stated the district court's order on the ASI survey will be effective immediately.
"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, as per PTI.
On July 21, the Varanasi district court directed the ASI to conduct a detailed scientific survey, including excavations wherever necessary, to ascertain if the mosque located next to the Kashi Vishwanath temple is built upon a temple.
The Masjid committee had moved the Allahabad HC on July 25, a day after the Supreme Court stalled the ASI survey till 5 pm on July 26, giving time for the committee to appeal against the lower court's order.
Allahabad HC Chief Justice Pritinker Diwaker reserved the order on the petition on July 27 following arguments from both sides. The court also stayed the ASI survey till Thursday.
As per PTI, Varanasi DM S Rajalingam informed that the ASI has sought assistance from the district administration to carry out the survey from Friday and all assistance will be provided to it.
The mosque 'wazukhana', a structure that the Hindu litigants claim as a 'shivling', will not be part of the ASI survey as per an earlier Supreme Court order protecting that spot.
The Hindu litigants claim that a temple existed at the site earlier and was demolished on the order of the Mughal emperor Aurangzeb in the 17th century.
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