Gyanvapi: SC revives mosque panel plea; Allahabad HC resumes hearing on survey

The Allahabad High Court on Wednesday (July 26) resumed hearing a plea against a district court order directing the Archaeological Survey of India (ASI) to conduct a survey to determine if the Gyanvapi mosque in Varanasi was built upon a temple.

Also, during the day, the Supreme Court revived a plea by the Gyanvapi panel that it had inadvertently disposed of on July 24 while staying the ASI survey.

A Bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra took note of the submissions of senior advocate Huzefa Ahmadi, appearing for the Committee of Management Anjuman Intezamia of the Gyanvapi mosque, that instead of its interim plea seeking halting of the ASI work, the main plea was disposed of by the court on the last date of hearing.

Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government and the ASI, said he had no objection to the revival of the special leave petition of the mosque committee. In the main plea, the mosque committee had sought dismissal of the lawsuit of the Hindu party in the Varanasi district court under order VII Rule 11(c) of the Civil Procedure Code for filing it on a paper which has not been duly “stamped and authorised”.

Plea in Allahabad HC

On Tuesday, Anjuman Intezamia Masjid, which manages the mosque, moved the high court, a day after the Supreme Court halted the ASI survey till 5 pm on Wednesday, allowing time for the mosque management committee to appeal against the lower court’s order.

After hearing the arguments, Chief Justice Pritinker Diwaker had posted it for further hearing on Wednesday.

The counsel for the committee, senior advocate SFA Naqvi, prayed for early hearing of the case before Chief Justice Diwaker, stating that there is an urgency, as the apex court’s order will expire on Wednesday.

The Chief Justice said he would hear the matter if the parties had no objection.

Vishnu Shankar Jain, the counsel for the respondent (Hindu side), submitted that in the Ram Mandir case, a survey was conducted by the ASI and was accepted by the high court, as well as the Supreme Court.

The mosque is located next to the Kashi Vishwanath temple in Varanasi, and Hindu litigants in the district court had sought the survey to determine whether a temple existed at the same spot earlier.

The Varanasi district court on Friday ordered the ASI to conduct a survey using technologies like ground-penetrating radar and excavations, if necessary.

The apex court’s Monday order to pause the survey came while the ASI team was inside the mosque complex.

(With agency inputs)