New Delhi: The Mosque Committee on Thursday moved the Supreme Court against the Allahabad High Court's order, allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi complex. The committee’s plea contended that the High Court’s order should be set aside on account of "grave risks posed by such an exercise, which may have consequences throughout the country."
The plea said, “It is further submitted that the impugned order is further liable to be set aside on account of grave risks posed by such an exercise, which may have consequences throughout the country, as have been witnessed throughout these proceedings since a survey of the Gyanvapi Mosque was permitted, absolutely against the provisions of the Places of Worship (Special Provisions) Act, 1991.”
The plea added that it would be worthwhile for the apex court to, therefore, consider the events which unfolded, on account of extreme media coverage and communal undertones of the entire issue. The plea said, “The ‘implications’ of a survey where something is claimed to have been found would remain same and apply with greater merit to a sweeping direction of the survey of the entire Mosque where nothing is found and only on the Ipse Dixit of the plaintiffs."
The plea contended that the ASI survey should not have been ordered when earlier the High Court ( in a 1991 suit) had stayed it in another petition, and the apex court should stay the survey till the pending maintainability suit is decided. The plea said the ASI survey in whatever form will hinder access of namazis to the mosque. Today, the plea was mentioned by advocate Nizam Pasha before a bench headed by Chief Justice of India DY Chandrachud. Pasha said the High Court has passed the judgment today and an appeal has been moved challenging the judgment.
The Chief Justice said he will look into it and assign a date for a hearing. The Allahabad High Court has allowed the Archaeological Survey of India (ASI) to carry out the survey as suggested by the District Court while dismissing the plea from the Anjuman Intezamia Masjid, which has challenged the order of the district court permitting the survey, citing fears of structural damage to the mosque.
Chief Justice Pritinker Diwaker, who had reserved the order on the Mosque Committee's petition on July 27 after hearing arguments from both sides, ruled that "there is no reason to not believe the ASI's assurance that the survey will not cause any damage to the structure." The order also said, "No digging should be done at the mosque as part of the survey." The court found the order of the district court for a survey on the disputed premises as just and proper. "No interference from this court is warranted," the verdict read.
On July 24, the Supreme Court ordered status quo until 5 pm on July 26, on 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 DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra said, “We are of the view that some breathing time should be granted to them (Muslim side) 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.
