NEW DELHI: The Supreme Court on Monday ordered that the survey by the Archaeological Survey of India (ASI) at Varanasi's Gyanvapi Mosque should be put on hold for two days, so that the mosque committee can approach the appropriate court.
The Gyanvapi mosque's management committee had approached the apex court with their fears that the survey by ASI could lead to excavation at the historic mosque complex which is located at a spot that is adjacent to the iconic Kashi Vishwanath Temple at Varanasi.
The centre’s counsel however assured the court that the planned survey is in no way going to alter the structure, while stressing that "not a brick has been removed nor is it planned".
On behalf of the Centre, Solicitor General of India Tushar Mehta informed the court that only measurement, photography and radar studies are included in the survey plan.
After taking the centre's submissions on record, Chief Justice of India DY Chandrachud said, "It appears that ASI is not contemplating carrying out any excavation in pursuance of the order. We record the statement to the extent that no excavation at the site is contemplated at this stage for a period of one week until next week Monday.”
The dispute over the Gyanvapi mosque came into the news in 2021 after a group of Hindu women petitioned an Uttar Pradesh court for permission to ‘worship deities’ in the historic Gyanvapi mosque complex.
A video survey of the complex was then ordered by a lower court, during which an object was identified by a section of people claiming it to be a ‘shivling’. On the other hand, the mosque management committee pointed out that the object in question was part of a fountain in the wazookhana (pool) to perform ablutions or wash hands and feet before prayers.
Keeping in mind the sensitivity nature of the issue, the Supreme Court ordered that the pool (wazookhana) be sealed off.
The Allahabad High Court had, earlier this year, dismissed a petition by the mosque committee that sought to challenge the maintainability of the other side’s plea to worship Hindu deities found inside the premises.
The order by the Allahabad High Court led the way for the Varanasi court to pass a ruling, which allowed a survey to be conducted by the ASI inside the mosque complex, leaving aside the pool area.
On Friday, a District judge had directed the ASI to conduct a detailed scientific survey, including excavations to be done wherever necessary, in order to determine if the mosque had been built at a place where a temple existed earlier.
The mosque committee then decided to approach the Supreme Court, expressing their concerns that excavation activities may be carried out.
The new order by the Supreme Court will now allow the mosque committee to petition the Allahabad High Court, challenging the order for the ASI survey. The apex court has also asked the high court's registrar to make certain that the matter is placed before a bench before the expiry of the status quo order.
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