The Supreme Court has issued a stay on the Archaeological Survey of India (ASI) survey to determine whether the Gyanvapi mosque, situated adjacent to the Kashi Vishwanath temple in Varanasi, was constructed upon a pre-existing temple. The top court’s order prevents the ASI from conducting the survey of the Gyanvapi mosque complex until 5 pm on July 26.
The apex court also specified that the previous order of the Allahabad High Court, which had allowed the ASI survey, will not be enforced until the mentioned date. During this period, the Supreme Court has directed the mosque committee to approach the Allahabad High Court and file an appeal.
Senior advocate Huzefa Ahmadi, representing the mosque committee, presented their case before the bench, which was presided over by Chief Justice D Y Chandrachud. As a result of the submissions made, the court stayed the implementation of the ASI survey order until Wednesday evening, giving the mosque committee time to appeal, reported Livemint.
In response to the Supreme Court’s order, Vishnu Shankar Jain, representing the Hindu side in the Gyanvapi mosque case, expressed their stance. Jain stated that the stay was issued to allow the mosque committee to challenge the ASI survey order before the High Court. He further added that their legal team would be approaching the High Court to oppose this move. Jain emphasized that the truth about the Gyanvapi mosque could only be ascertained through the ASI survey, and the High Court would ultimately decide the matter based on its own merits, irrespective of any observations made by the Supreme Court.
“We will abide by the court order,” stated the District Magistrate (DM) of Varanasi in response to the Supreme Court’s recent order.
Earlier, the Supreme Court instructed the Archaeological Survey of India (ASI) to refrain from conducting any excavation until 11:15 am on that day. Solicitor General Tushar Mehta, representing the Uttar Pradesh government, was asked to return at 11:15 am to provide information about the ASI’s proposed methods of survey.
No ‘Excavation’ Should Take Place
The apex court specifically directed the Solicitor General to inform the ASI team that no “invasive work” or excavation should take place at the site. According to reports, Tushar Mehta assured the court that no bricks had been removed or were planned to be removed. He explained that the current activities involve measurement, photography, and radar-based surveys, which are intended not to impact the structure.
On the morning of the same day, an ASI team arrived at the Gyanvapi Mosque in Varanasi to conduct a scientific survey of the mosque complex, situated adjacent to the Kashi Vishwanath temple.
Previously, the Varanasi Court had issued directions for an ASI survey of the Gyanvapi mosque complex, with the exclusion of the ‘Wazukhana’ area, which has been sealed.
Today, during the scientific survey conducted by the ASI team in Varanasi, Uttar Pradesh, the Muslim side representing the Gyanvapi mosque chose not to participate. The 30-member ASI team arrived at the Gyanvapi mosque at 6:30 am to carry out the survey. However, the Muslim side claimed that they had not received any notice from the ASI regarding their participation in the survey.
Initially, the ASI team briefly halted the survey in anticipation of the Muslim side’s arrival. However, as no one from the Muslim side turned up to take part in the survey, the ASI team resumed their work. On the other hand, the Hindu side petitioners had already reached the mosque early in the morning and are actively participating in the survey.
The survey’s findings will be presented before the court on August 4. The absence of the Muslim side in today’s survey may have implications on the overall process, but the ASI is continuing its examination based on the available participation. The Gyanvapi mosque case remains a matter of significant importance, and further legal developments are expected in the coming days.
It is worth noting that on Friday, a Varanasi Court issued directions for the ASI to conduct a survey of the Gyanvapi mosque complex, excluding the ‘Wazukhana’ area, which has been sealed. This decision was a result of a petition filed by five women in May, seeking permission to pray at the “Shringar Gauri Sthal” within the mosque complex. During a court-mandated survey of the mosque last year, a structure was discovered, claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side.
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2023-07-24 09:19:14.0
Gyanvapi Mosque Case: SC Stays Varanasi Court Order Till 26 July
