SC asks ASI to defer Gyanvapi digging till July 26

• gives time to mosque authorities to appeal to HC against district judge’s order

New Delhi, July 24.

The Supreme Court on Monday asked the ASI to hold off a survey and excavation of the Gyanvapi mosque complex till July 26 to allow the mosque authorities to challenge this in the Allahabad High Court. A district court had ordered a survey and excavation of the mosque complex on July 21.

The mosque authorities, through senior advocate Huzeffa Ahmadi, argued that the district judge had passed the order late on July 21, making it difficult for them to move the High Court.

A top court bench led CJI D.Y. Chandrachud passed the order after hearing the counsel for the petitioners in the case — some Hindu devotees seeking to enter the mosque complex to pray at the adjoining Vishwanath temple – represented by senior advocate Shyam Divan and SG Tushar Mehta for Uttar Pradesh.

Mehta assured the court that the ASI survey was limited to photography, radar imaging and surveying and no intrusive methods were being employed. The petitioners also opposed a stay on the process.

But Ahmadi claimed that the mosque authorities had been virtually “ambushed” by the order. A team of ASI officials and technicians of over 30 to 40 people had landed up at the mosque at 7 am, he stated.

How can such an order be passed when an earlier order regarding the disputed wuzukhana (fountain which has been claimed to be shiv ling) had been stayed, Ahmadi argued.

The Supreme Court had earlier in May, 2023, stayed an Allahabad High Court order setting aside a district judge’s order disallowing a scientific survey and carbon-dating of the contested fountain/shivling.

Ahmadi sought a stay on the High Court order but the court was reluctant to stay the order and instead ordered the ASI to maintain status quo on the ground till July 26.

The Allahabad High Court will by then hear any appeal filed by the mosque authorities against the district judge’s fresh order ordering a survey in the other parts of the complex.

The CJI’s order said that the High Court regarding the survey and excavation “will not be enforced” till July 26. This will give the mosque authorities breathing space to move the High Court.

The Gyanvapi-Kashi Vishwanath temple row is very similar to the Ayodhya dispute. In this case too, five petitioners, who claim to be devotees of Kashi Vishwanath, are seeking to press a claim for entry into the complex to pray to deities on the outer wall of the adjoining temple.

Title suits filed earlier regarding the dispute are also pending. There’s a court stay on these proceedings.

In the Ayodhya case, the top court had spoken on the need to maintain status quo regarding all places of religious worship as on Aug 15, 1947, CJI Chandrachud.

The Gyanvapi/Kashi Vishwanath dispute arose after that and has seen many twists and turns.

CJI Chandrachud had earlier refused to shut the door on the litigation in the light of the Places of Worship (Special Provisions) Act, 1991, when he said that the law would not bar an exercise to determine the character of a place of worship.

The Act is also under challenge in the top court.