Jahanvi Agarwal
In spite of the Muslim side’s request to have the survey stopped, the Allahabad High Court approved the Archaeological Survey of India’s survey of the Varanasi Gyanvapi mosque complex.
The Masjid Committee approached the Supreme Court after the Allahabad High Court today rejected Anjuman Intezamia Masjid Committee’s challenge to the Varanasi District Judge’s ruling from July 21 authorizing an ASI Survey of the Gyanvapi Mosque.
The committee has challenged the Allahabad High Court order and urged for the matter to be heard soon. Before the Constitution Bench, which was hearing the Article 370 hearings, the case was brought up by advocate Nizam Pasha. Pasha brought up the subject in front of CJI DY Chandrachud as the Constitution Bench was set to take the floor at 4 PM today.
The counsel on behalf of the petitioners argued– “Allahabad High Court order came out this morning. Let them not carry out the survey. I have emailed the order.” To this, the CJI assured him that he would have a look at the email soon.
It should be emphasised that the process of mentioning before the CJI has altered as a result of the Constitution Bench proceedings. According to the most recent SoP, parties are required to send an email with any urgent mentions to the Registrar. Earlier today, the CJI said:
“However urgent something is, once the mentioning is not available or mentioning is over, the email will be put up by the Registrar (Listing) and I pass immediate orders on the listing. Just read the SoP. It has everything in it.”
When allowing the ASI survey today, the Allahabad High Court had stated:
“The Varanasi Court was justified in ordering for ASI survey of the premises. Scientific survey is necessary in the interest of justice.”
The Varanasi Court’s ruling, which directed the ASI to survey the mosque grounds (apart from the wuzukhana), was challenged by the Anjuman Mosque Committee in a petition to the High Court on July 25.
Four Hindu women worshippers who are parties to a suit filed before the District Court requested an injunction from the District Judge in order to have year-round access to pray inside the mosque grounds.
In order to give the Masjid committee some “breathing time” to petition the High Court, the Supreme Court postponed the ASI survey until July 26 at 5 p.m. The HC prolonged the stay from July 27 to today, August 3.