The Muslim Side has moved the Supreme Court to challenge the Allahabad High Court’s order permitting an Archaeological Survey of India (ASI) survey at the Gyanvapi mosque. The matter was brought before Chief Justice DY Chandrachud, who was presiding over a five-judge constitution bench hearing the Article 370 issue and was approached for an urgent hearing.
Advocate Nizam Pasha mentioned the case on behalf of the Muslim body Anjuman Intezamia Masjid committee and sought an urgent hearing to challenge the high court’s order. The high court had dismissed a plea by the Gyanvapi committee that challenged a district court order directing the ASI to conduct a survey to determine whether the mosque, located next to the Kashi Vishwanath temple, was built upon a temple.
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The Varanasi district court had directed the ASI on July 21 to conduct a “detailed scientific survey” to investigate if the Gyanvapi mosque was built on the site of a temple. The Allahabad High Court upheld this decision, stating that there was no reason to doubt the ASI’s assurance that the survey would not cause damage to the mosque’s structure. The high court emphasised that no digging should be done at the mosque during the survey.
The ‘wazukhana’ of the mosque, where a structure claimed to be a ‘shivling’ by Hindu litigants exists, will not be part of the survey due to a previous Supreme Court order protecting that spot in the complex.
The Gyanvapi mosque has been at the centre of a dispute, with Hindu activists claiming that a temple existed on the site earlier and was destroyed during the 17th century under the orders of Mughal emperor Aurangzeb. The ASI’s survey aims to determine the historical facts regarding the disputed premises.
The matter will now be taken up by the Supreme Court for further consideration and adjudication.
