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The Supreme Court today stayed the scientific survey being carried out by the Archaeological Survey of India (ASI) at Gyanvapi Mosque in Varanasi till July 26. Also ordered that no excavation work will be done in the surrounding area for the next two weeks. The apex court also asked the Muslim side to approach the High Court first. The Anjuman Intezamia Masjid Committee, which oversees the management of the Gyanvapi Masjid, has filed a petition against the Varanasi District Court’s order to survey the mosque complex adjacent to the Kashi Vishwanath temple. The Supreme Court asked the Muslim side to file their petition in the Allahabad High Court tomorrow so that the hearing could be held on Wednesday.
As per the order of the Varanasi District Court, the ASI team reached the mosque premises this morning and started the survey. CJI D. Chandrachud had asked the ASI to present information about the survey.
Senior advocate Huzaifa Ahmadi, representing the Anjuman Committee, told the bench that the survey order was passed late on Friday evening and hence they did not get an opportunity to appeal. He said that the order mentions excavation, so the Muslim side should have been given a chance to appeal. Ahmadi sought a stay on the ASI survey of the mosque complex, saying it had earlier barred carbon dating of the structure, claimed by the Hindu side as a “Shivling”, found in the mosque’s bathing pond during a court-directed survey in May 2022. Ahmadi said, “What is the hurry to tear down, this place has been a mosque since the 1500s? There should be a status quo order.”
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The CJI questioned whether the survey would involve excavation, to which UP government’s counsel Tushar Mehta replied that the survey would be done using modern techniques, and would not cause any damage. He said that no brick has been removed from the site today and only measurement and photography work is being done today.
The Supreme Court also asked the Solicitor General whether he can make a statement that status quo will prevail till Friday, July 28. On this, Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, said that at present no excavation is being done or aggressive methods are being resorted to.
Senior advocate Shyam Dewan, appearing for the Hindu side, requested the Supreme Court to exercise caution on the issue and the Muslim side should approach the High Court.
