The Allahabad High Court on Thursday, 27 July, stayed the scientific survey of the Gyanvapi Mosque premises till 3 August. The High Court is expected to pronounce on that day its verdict on a plea by the Mosque committee challenging the Varanasi district court order which had initially given the go-ahead for the survey by the Archaeological Survey of India (ASI).
The Varanasi Court order: Last week, a Varanasi District Court on 21 July, allowed a team from the Archaeological Survey of India (ASI) to begin the survey of the Gyanvapi mosque premises (except the 'Wazukhana,' which is an ablution pond where worshippers wash themselves before praying), on Monday, 24 July. The court directed the ASI to submit the report of the survey before 4 August.
In the Supreme Court: But, the mosque management committee moved the Supreme Court against the Varanasi court's order allowing the inspection.
While the top court, on Monday, 24 July, asked the petitioners to approach the High Court, it did put an interim stay of two days (till 26 July) on the survey to allow them enough time.
"We're of the view that some breathing time should be given. Impugned order shall not be enforced till 5 pm on 26 July. In the meantime, should the petitioners moved the HC, the RG of HC should ensure that it is placed before appropriate bench before status quo order ends," the top court had said.
The mosque committee had then approached the High Court on 25 July and that is when the hearing started.
The High Court hearing: The mosque committee then moved the Allahabad High Court on 25 July.
During the hearing, the Mosque committee primarily argued that once the scientific survey is conducted, the entire Mosque Premises might be adversely affected. They also raised concerns over the fact that the ASI was not a party to the suit. Despite this, the District Judge directed the ASI to survey the mosque premises (except the 'Wazukhana').
In the SC Again: Meanwhile, as the hearing at the Allahabad High Court continued on Wednesday, 26 July, the top court issued a clarification on its 24 July order directing an interim stay.
The order, which was meant to dispose of the Interlocutory Application (IA) filed by the Mosque committee against the ASI survey, incorrectly disposed the petition filed by the committee challenging the Allahabad High Court order upholding the maintainability of the Hindu Worshipper's suit.
"We only argued on the ASI survey point. Now before the Allahabad HC, it can be argued that our appeal has been dismissed," Senior Advocate Huzefa Ahmadi, representing the mosque committee, told the top court, according to LiveLaw.
Survey Details: The survey is expected to determine “whether the present structure was constructed over a pre-existing structure of a Hindu temple."
Background: The case pertains to a plea filed by five Hindu women seeking permission for the worship of Hindu deities whose idols were allegedly found to be located on an outer wall of the Gyanvapi mosque.
(With inputs from LiveLaw.)
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