Gyanvapi case: Muslim side challenges High Court’s survey order in Supreme Court
The move comes hours after the Allahabad High Court dismissed a plea filed by the Gyanvapi committee challenging a district court order directing the ASI to conduct the survey to determine if the mosque was built upon a temple.
By Srishti Ojha: The Muslim side on Thursday moved Supreme Court challenging the Allahabad High Court's order permitting an Archaeological Survey of India (ASI) survey at the Gyanvapi mosque.
The matter was mentioned by advocate Nizam Pasha before Chief Justice DY Chandrachud, who was heading a five-judge constitution bench hearing the arguments on the Article 370 issue and was rising for the day, seeking an urgent hearing.
"The Allahabad High Court has passed an order today. We have filed an SLP against the order. I have sent an email (seeking urgent hearing). Let them not proceed with the survey... ," Pasha said.
Responding to the SLP, filed by Muslim body Anjuman Intezamia Masjid committee, CJI Chandrachud said, "I will look at the email right away."
The move comes hours after the Allahabad High Court dismissed a plea filed by the Gyanvapi committee challenging a district court order directing the ASI to conduct the survey to determine if the mosque located next to the Kashi Vishwanath temple is built upon a temple.
The Varanasi district court had on July 21 directed the ASI to conduct a "detailed scientific survey" - including excavations, wherever necessary -- to determine if the Gyanvapi mosque is built upon a temple.
Upholding the district court's decision, Allahabad High Court said that the order was just and proper, and no interference from this court is warranted. "there is no reason to not believe the ASI's assurance that the survey will not cause any damage to the structure," the high court said.
It asserted that no digging should be done at the mosque as part of the survey. The order of the district court for a survey on the disputed premises is just and proper, and no interference from this court is warranted, it added.
The mosque's 'wazukhana', where a structure claimed by Hindu litigants to be a 'shivling' exists, will not be part of the survey -- following an earlier Supreme Court order protecting that spot in the complex.
Hindu activists claim that a temple existed earlier at the site and was demolished in the 17th century on the orders of Mughal emperor Aurangzeb.
