Legal
Supreme Court Stays ASI Survey Of Gyanvapi In Varanasi Till 26 July
The Supreme Court of India. (Wikimedia Commons)
The Supreme Court on Monday (24 July) halted the survey of the disputed Gyanvapi structure in Varanasi.
The court-ordered survey was being conducted by the Archaeological Survey of India (ASI).
A bench led by Chief Justice of India (CJI) DY Chandrachud noted that the order allowing the survey was passed at 4:30 pm on Friday.
Accordingly, to allow breathing time to the Muslim party to move Allahabad High Court, the Court directed that the district court order will not be enforced till 26 July, reports Bar and Bench.
Further, the Registrar (Judicial) of the Allahabad HC has also been directed by the apex Court to ensure that once the Muslim party moves the High Court, the matter is placed before the roster in order to be heard by the HC before the status quo order ends.
"We permit petitioners to move High Court under article 227 challenging order of District judge Varanasi. Having regard to fact that order was passed on July 21 , 4:30 pm and ASI survey is being carried out today. To permit them some breathing time, we direct that the district court order SHALL NOT BE ENFORCED till July 26, 2023, 5 PM. Should petitioner move the High Court, the Registrar Judicial shall ensure it is placed before a roster so that it is heard before status quo order ends," the Court said, Bar and Bench reported.
Earlier in the day, the ASI began the court-ordered survey of the disputed site.
The purpose of the survey was to determine whether the current structure was built on top of a pre-existing Hindu temple.
On Friday (21 July), a Varanasi court had directed the ASI to perform a scientific investigation, survey, and excavation of the mosque premises, reports The Indian Express.
District and Sessions Judge Ajaya Krishna Vishvesha directed the ASI to conduct ground penetrating radar survey beneath the three domes of the building. If necessary, excavation will also be conducted.
The judge has ordered that the survey proceedings be recorded on video and the report must be submitted to the court by 4 August.
The survey will not include the 'wuzukhana' area, which was sealed last year following orders from the Supreme Court after the Hindu litigants claimed the presence of a Shivling, while Muslim litigants argued it is a fountain.
The Hindu litigants argue that the mosque was constructed on the site where the original Kashi Vishwanath temple stood.
On the other hand, the Muslim litigants claim that the mosque was built on Waqf premises. They also point out that the Places of Worship (Special Provisions) Act, 1991, prohibits altering the character of any place of worship that existed prior to 15 August 1947.
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