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The Supreme Court on Monday directed that the Varanasi district court order directing the Archaeological Survey of India (ASI) to carry out a survey of the disputed Gyanvapi mosque complex must not be enforced till 5 pm on July 26 so as to give time to the Muslim parties to approach the Allahabad High Court. Survey of the mosque complex, located next to the Kashi Vishwanath temple in Varanasi, had started at around 8 am on Monday.
“We permit the petitioners to move the High Court…to challenge the order of the District Judge, Varanasi. Having regard to the fact that the order of the district court was pronounced at 4.30 pm on July 21, 2023, and the survey is in the process of being carried out today, we are of the view that some breathing time should be granted to the petitioners to move the High Court seeking appropriate reliefs. We direct that the order of the District Court shall not be enforced till 5 pm on July 26, 2023,” a bench presided by Chief Justice of India D Y Chandrachud ordered.
“In the meantime, should the petitioners move the High Court with a petition…the Registrar (Judicial) shall ensure that it is placed before the appropriate bench according to the roster so that it can be heard before the order of status quo which is being granted by this court comes to an end,” the order stated.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, asked the Solicitor General (SG) to communicate its order to the ASI. Though the petitioners sought time till July 28, the court said the time allotted till July 26 was enough to approach the high court.
The apex court was initially not inclined to order a complete status quo and sought clarification from Solicitor General Tushar Mehta whether any invasive methods like excavation were going on and if that would not result in any irreversible situation. The SG clarified that no excavation or other invasive methods were being adopted and that only measurements, photographing and radar imaging were happening.
The bench then went on to record the SG’s statement and dictated an order that it appears that the ASI is not contemplating to carry out any excavation in pursuance of the order for one week and gave the petitioners liberty to move the high court.
Senior Advocate Huzefa Ahmadi, appearing for the mosque committee, asked what was the tearing hurry to conduct the survey now when it was not conducted for the last several centuries. “I am sought to be short-circuited from having even an appellate hearing,” he submitted.
SG Mehta and senior advocate Shyam Divan, appearing for the state, and the respondent parties respectively opposed the prayer for status quo, but the court went ahead with it and modified the order already dictated.
An ASI team comprising around 20 officials from Agra and Lucknow, assisted by administrative officials, entered the premises on Monday morning with the required equipment to carry out the scientific survey. Lawyers representing the plaintiff were also allowed to enter the premises. No lawyer from the Muslim side arrived in the morning.
Additional Commissioner of Police (Law and Order-Varanasi) Santosh Kumar Singh heavy security arrangements were made in the area ahead of the survey.
(With inputs from Manish Sahu, Lucknow)
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