The Supreme Court on Monday stayed the Varanasi Court’s order for a “detailed scientific survey" by the Archaeological Survey of India (ASI) to determine the status of the Gyanvapi mosque located next to the Kashi Vishwanath temple until 5 pm on July 26. Chief Justice DY Chandrachud’s bench has also directed the Allahabad High Court to hear an appeal filed by the mosque committee before the expiry of its order.
The Varanasi court had on Friday issued a directive to the ASI to conduct a survey, which may involve excavations as needed to ascertain whether the mosque was constructed on a site where a temple is believed to have existed previously.
In accordance to the court orders, a 30-member team of the ASI entered the Gyanvapi complex on Monday morning to carry out a scientific survey. The lawyers representing the Muslim side cited the Supreme Court hearing on the matter regarding the survey order and demanded that the date for conducting the exercise be postponed.
The top court had sealed the mosque’s “wazukhana" (a small reservoir for Muslim devotees to perform ritual ablutions) after the Hindu side claimed the structure found there to be a shivling, while the Muslim side contended that it was a fountain. Following an earlier Supreme Court order, the Varanasi court has said the entire mosque complex except the “wazukhana" area would not be included in the survey.
Supreme Court Stays ASI Survey
Senior Advocate Huzefa Ahmadi, representing the Muslim side, told the Supreme Court that the difficulty lies in the fact that the order for the ASI survey of the entire premises was passed on Friday.
Ahmadi requested an immediate stay of the ASI work, expressing concerns that the task had been undertaken in a “tearing hurry" without giving the aggrieved party sufficient time to file an appeal.
He pointed out that the Allahabad High Court had previously suspended a contentious archaeological survey of the premises to ascertain if a Hindu temple was partly demolished to construct the 17th-century mosque.
Ahmadi said that the District Court’s order for a “scientific survey/excavation" effectively nullified the High Court’s ruling. He cautioned that any excavation on the premises would risk violating the Supreme Court’s orders to seal the ‘wazukhana’ area. “Failure to fulfill this request would be considered a contempt of your orders," he added.
Senior Advocate Shyam Diwan, representing the Hindu side, presented the court with the order of the Varanasi Court directing the ASI survey of the premises.
As Advocate Ahmadi, opposed the submissions made by the Hindu side, Diwan stated that the techniques used in the survey, such as GPR (Ground-Penetrating Radar), are all non-invasive.
Solicitor General Tushar Mehta, representing the Uttar Pradesh government, informed the bench that the ASI is currently conducting photography and radar-imaging at the site and there is no ongoing invasive or excavation work.
As the SC bench clarified that their proposal pertains to not doing anything that is excessive, Advocate Ahmadi questioned how the District Court could order the collection of scientific evidence when even the oral evidence was yet to commence in the suit under Order 7, Rule 11 of the Civil Procedure Code, which deals with the maintainability of a suit.
The ASI team was “conducting excavation work near the Western wall," he told the top court.
The CJI-led bench, after hearing the arguments, temporarily stayed the implementation of Varansi court’s order until Wednesday evening. The mosque committee was instructed to file an appeal during this period.
“We will give you time until Wednesday. You move the High Court tomorrow, so that the matter can be heard by them on Wednesday," CJI said to the Muslim side.
“We are of the view that some breathing time should be granted to the mosque committee," said the bench that also comprised Justices J B Pardiwala and Manoj Misra.
Following the Supreme Court’s order, Varanasi District Magistrate S Rajalingam stated that the administration will comply with the top court’s order. He mentioned that on Friday, the district court issued an order directing the ASI to conduct the survey, and in accordance with that order, the ASI had sought access from the district administration. The role of the district administration is limited to providing access to the ASI, ensuring compliance with the court’s order, he said.
Varanasi District Judge A K Vishvesh has directed the ASI to submit a report to the court by August 4, along with video clips and photographs of the survey proceedings.
(With inputs from agencies)