SC stays Varanasi court's order for ASI survey of Gyanvapi mosque

SC noted the order for survey was passed on Friday, at 4:30 pm and the applicant should be granted 'some breathing time' to pursue their legal remedy before the HC.

The Supreme Court on Monday stayed the Varanasi District Court's July 21 order for an Archaeological Survey of India survey at Gyanvapi mosque till Wednesday, to enable the Muslim side to file an appeal before the Allahabad High Court.

A 30-team ASI had begun the survey on Monday morning on the basis of the court's order.

Taking up a plea by the Muslim side, a bench of Chief Justice of India D Y Chandrachud and J B Pardiwala and Manoj Misra said the district judge's order shall not be enforced until 5 pm, July 26.

The court noted that the order for survey was passed on Friday, at 4:30 pm and the applicant should be granted "some breathing time" to pursue their legal remedy before the High Court.

It passed the order upon an urgent mentioning by senior advocate Huzefa Ahmadi on behalf of Anjuman Intejamia Masjid Committee, Varanasi.

Ahmadi, while questioning the validity of the district court's order, sought status quo in the matter.

"What is the tearing hurry, it has been used as a mosque since 1500," he said.

Ahmadi said the district court allowed the ASI to undertake excavation of the mosque site, in contempt of the top court's order.

Solicitor General Tushar Mehta, who was asked to ascertain the situation, submitted that there was no invasive method or excavation being carried at the moment.

"Not a brick is being removed, leave side any excavation. They are doing only measurement, photography, radar imagining as per the information," he said.

Senior advocate Shyam Divan, representing the Hindu side, contended that a fair statement is made by Mehta. "If any status quo is ordered by the Supreme Court, it will continue indefinitely," he said, adding the High Court should be allowed to consider the matter.

He said the district judge's order was specific and that there should not be any damage to the structure.

The court, however, said the order should not be implemented until Wednesday. It also asked the HC registry to place the matter before the concerned bench before the High Court for the hearing on July 26.

Varanasi's District judge A K Vishvesh had directed the ASI to conduct a "detailed scientific survey" -- including excavations, wherever necessary -- to determine if the mosque was built at a place where a temple existed earlier.

The mosque's "wazookhana", where a structure claimed by the Hindu litigants to be a "Shivling" was found during the survey in May, 2022, was not to be part of the survey, as the Supreme Court had earlier ordered protecting the spot in the complex.

The court had then directed the ASI to submit a report to it by August 4, along with video clips and photographs of the survey proceedings.

The Hindu side claimed Kashi Vishwanath temple at Varanasi, one of the twelve Jyotirlingas, was first destroyed by the army of Qutb-ud-din Aibak, in 1194 CE. In 1669 CE, Aurangzeb again destroyed the temple and built the Gyanvapi Mosque in its place. The remains of the erstwhile temple can be seen in the foundation, the columns and at the rear part of the mosque, they added.