Updated on Aug 3, 8 p.m

The Supreme Court today agreed to consider listing the plea filed by the management committee of Gyanvapi mosque in Varanasi against Allahabad High Court’s ruling that the ASI can survey the mosque premises, except for 'wuzu khana'.

"The High Court has pronounced the order in the matter that Milords has remanded to them. We filed an SLP (special leave petition) against that. We sent the email as per the protocol (SoP for mentioning)," said advocate Nizam Pasha, appearing for the Mosque Committee, while mentioning the matter for urgent listing. 

"I will look into the email right away," responded CJI DY Chandrachud, agreeing to consider listing the matter urgently. 

In anticipation of the appeal, the Hindu plaintiffs today have also lodged a caveat or a notice submitted to an appellate court by a litigant who wishes to be heard in case any orders are issued regarding an opponent's appeal that challenges the decision or judgment made by the lower court. 

In its order passed earlier today, the High Court dismissed the plea moved by the Anjuman Intezamia Masjid Committee challenging the order passed by Varanasi District Court directing the Archaeological Survey of India to survey the barricaded area of the mosque premises, barring the sealed area.

The Supreme Court on Monday ordered that Varanasi district court order of ASI Archaeological Survey of India (ASI) survey of the Gyanvapi mosque complex, adjacent to Kashi Vishwanath temples, shall not be enforced till July 26, 5 p.m.

A bench headed by Chief Justice of India DY Chandrachud says that in the meantime the mosque committee shall move the Allahabad High Court with its plea against the district court’s order.

The bench said the order was passed to give some breathing time to the Muslim side to approach the Allahabad High Court.

Gyanvapi mosque management committee, Anjuman Intezamia Masajid, mentioned the matter before the CJI seeking stay on the July 21 order of the district court. 

Senior advocate Huzefa Ahmadi sought a stay on the ASI survey of mosque complex saying the top court had earlier stayed the carbon dating of the structure, claimed as “Shivling” by the Hindi side, found in the ablution pond of the mosque during a court-mandated survey in May 2022. 

“What is the tearing hurry, this place has been a mosque since the 1500s? there must be status quo order,” Ahmadi asked the bench. 

During the hearing the apex court recorded the submissions of SG Tushar Mehta, appearing for Uttar Pradesh government, saying it appears ASI is not carrying out any excavation as ordered by the district court and no excavation is contemplated for a week.

Senior advocate Shyam Divan, appearing for Hindu side, opposed the stay request of Muslim side saying that there should be exercise of caution on the issue and it must go to the High Court. 

SG Mehta has already said no excavations will be carried out, he said, adding that the court is seized of the matter and when status quo order is made by the Supreme Court it continues indefinitely.

On July 21, Varanasi district judge AK Vishvesha ordered the ASI survey of Gyanvapi complex on an application moved by four Hindu women on May 16, 2023. 

The order of the district judge, however, excluded the ablution pond area of the complex, which has been sealed on the order of the top court.

On May 12 this year, the Allahabad High Court had allowed the scientific survey of this purported “shivling” but the top court stayed this order on May 19. 

During the survey, a structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16 last year during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.

The High Court on May 12 set aside the Varanasi District judge order which had rejected  the application for a scientific survey and carbon dating of the “Shivling” on Oct 14, 2022.

The High Court had directed the Varanasi District judge to proceed, in accordance with law, on the application by the Hindu worshippers for conducting a scientific probe of the “Shivling”.

Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the lower court order.

(With inputs from IANS)

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