Gyanvapi mosque committee moves SC against HC order allowing ASI survey

The plea was mentioned by advocate Nizam Pasha before a bench headed by Chief Justice of India D Y 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 hearing.

New Delhi: An appeal has been moved Thursday in the Supreme Court against the Allahabad High Court order allowing ASI survey of the Gyanvapi mosque complex.

The plea was mentioned by advocate Nizam Pasha before a bench headed by Chief Justice of India D Y 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 of 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 order 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 5pm 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 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 (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 5pm on July 26, the district court order will not be enforced.