The Supreme Court on Monday, hearing the petition challenging the Gyanvapi mosque complex survey by ASI, made important observations and put a stay of two days on the ASI survey. Saying that some time should be given to the Muslim side, CJI DY Chandrachud said, "We're of the view that some breathing time should be given. Impugned order shall not be enforced till 5 pm on 26 July. In the meantime, should the petitioners moved the HC, the RG of HC should ensure that it is placed before appropriate bench before status quo order ends," which means that there will be an interim stay of two days on the ASI survey.
Allahabad HC to decide on survey in hearing on Wednesday, July 26
The court's observation means that the Allahabad HC will hear the Muslim side petition against the survey on Wednesday. The court's order came after argument by the Muslim side advocate Huzefa Admadi who argued, "I am being ambushed...Friday 4.30 the order was passed. A copy of order was not even given to me. I got it from media. I'm sought to be short circuted from even appellate... What is the tearing hurry to do it in 3 days?"
On Supreme Court's order, Vishnu Shankar Jain, representing the Hindu side in the Gyanvapi mosque case, reacted and explained their stand on the order. "Supreme Court has put a stay on the order of the District Court on survey of the Mosque complex and has asked the Allahabad Court to decide matter afresh. We will keep our argument in at Allahabad HC. The Muslim side, Anjuman Intezamia misled the SC and said that digging has started there, which is not true," said Jain.
Muslim side wants survey to be called-off
The court also told petitoners that they had the liberty to approach the (Allahabad) High Court. However, the Muslim side or the Anjuman Intezamia Masjid (AIM), the mosque management committee, represented by Huzefa Ahmadi argued that why couldn't the survey be called off.
Hearing began after a brief break on Monday
Earlier, the Supreme Court had directed the SG to ask ASI to provide some clarity about the work being carried out with respect to survey in the Gyanvapi Mosque by 11.15 am today when the hearing began on Monday morning. The court had made it clear that no excavation work should be carried out at this stage in Gyanvapi mosque complex. The Hindu side had said that no excavation work was underway. After hearing, the SC gave two days time to Muslim side to approach the Allahabad High Court (Wesdnesday, till 5 pm) and put an interim stay on the ASI survey.
Recently, the Varanasi district Court had allowed ASI survey of the Gyanvapi mosque complex or premises except the Wuzukhana. The Anjuman Intezamia Masjid (AIM), the mosque management committee had approached the top court challenging the ASI survey.
ASI Survey cleared by Varanasi District Court's Order
The ASI (Archaeological Survey of India) team, started with the survey of the Gyanvapi mosque complex on Monday morning, following the Varanasi district court's July 21 order. The 30-member team reached early morning and security was tightened around the mosque complex. The team has to submit a report by August 4. Several people from the petitioner's side including lawyers representing the Hindu side were present when the team reached Gyanvapi premises.