'Must be given some breathing time': SC stays ASI survey of Gyanvapi Mosque till July 26

Supreme Court has ordered a status quo for two days to enable the mosque management committee to get a hearing before the Allahabad High Court on July 26. -- Reports ETV Bharat's Sumit Saxena.

New Delhi: The Supreme Court on Monday ordered stayed till July 26 the Varanasi district court order passed on July 21 allowing an extensive survey of the Gyanvapi Masjid by the Archaeological Survey of India (ASI) to ascertain whether the mosque was built over a pre-existing Hindu temple.

The district court had held that the scientific investigation is “necessary” for the “true facts” to come out. A bench headed by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra said, "We are of the view that some breathing time should be granted to them to appeal...”

The top court said the Muslim side can move the Allahabad High Court to challenge the district court order and until 5 pm on July 26, the district court order will not be enforced. Senior advocate Huzefa Ahmadi mentioned a plea before the apex court moved by Gyanvapi mosque management committee against the decision of the Varanasi District Court in Uttar Pradesh allowing an application by the Hindu woman applicants seeking a scientific survey of the Gyanvapi mosque premises except for the wuzukhana(chamber for ablution).

Ahmadi vehemently pressed for a stay on the district court order. Solicitor General Tushar Mehta submitted that not a brick has been removed nor is it planned to be removed for at least a week, and added that right now what is going on is measurement, photography, and radar imaging, which will not affect the structure. Ahmadi stressed that what is the tearing hurry now when nothing has happened since 1947, and opposed excavation at the site.

The top court noted that the district court order for the survey was passed on Friday, at 4.30 pm and the applicant should be granted "some breathing time" to pursue their legal remedy before the high court. The top court asked Mehta if he can make a statement that there will be status quo until Friday. Mehta replied that he can't make such a statement, pointing out there is no excavation or invasive method being used for the time being.

Senior advocate Shyam Divan, representing the Hindu petitioners before the apex court, vehemently opposed any status quo by the apex court on the Varanasi court order. The top court, concluding the hearing, said should the petitioner move to the high court, the registrar judicial shall ensure it is placed before a roster so that it is heard before the status quo order ends.

During the hearing, Divan submitted that there should be an exercise of caution on the issue and the matter must go to the high court and the Solicitor General has already said no excavations will be carried out. Divan said the court is seized of the matter and when a status quo order is made by the Supreme Court it continues indefinitely.

Ahmadi, insisting on a stay on the district court order, submitted that the apex court had earlier stayed the carbon dating of the structure, claimed as "shivling" by the Hindu side, found in the ablution pond of the mosque during a court-mandated survey in May 2022.

The top court told Ahmadi that it can even pass the no excavation direction for about two weeks but how the work in progress now hampers the prayers being offered at the mosque. The Chief Justice said the ASI is not touching the structure as of now, it’s just measurement and photography. Ahmadi reiterated his request to stay the district court’s order on ASI survey of the mosque complex.

The top court recorded Mehta’s submission that ASI is not carrying out any excavation as ordered by the district court and no excavation is contemplated for at least a week.

Advocate Vishnu Jain, representing the Hindu side in the Gyanvapi mosque case, said the apex court has put a stay on the order of the district court on the survey of the mosque complex until 5 pm on July 26 and has asked the Allahabad High Court to take up the matter. Jain said, “We will keep our argument at Allahabad High Court. The Muslim side, Anjuman Intezamia, misled the Supreme Court and said that digging has started there, which is not true”.

Hours before the supreme court stayed it, the ASI team began its survey of the mosque premises amid heavy security deployment of the Uttar Pradesh Police on Monday. The team was using the GPR (Ground Penetrating Radar) for the survey as per the instructions from the District Court, which has passed orders for the survey. However, the survey was stopped soon after the apex court order.