Supreme Court, in its interim order on Monday, stayed the Varanasi district court’s order asking ASI (Archaeological Survey of India) to carry out a survey of Gyanvapi mosque until 5:00 PM Wednesday.
“We are of the view that some breathing time should be granted to appeal,” the Apex Court’s Chief Justice of India (CJI), Dr Dhananjaya Yeshwant Chadrachud, who led the bench, said.
The Apex Court passed the interim order on Monday, after hearing a mention by Anjuman Intezamia Masjid, challenging the Varanasi district court’s order for an ASI survey of the mosque complex, adjacent to Kashi Vishwanath temple.
Senior lawyer Huzefa Ahmadi, appearing for the Gyanvapi mosque management committee, pleaded to the Apex Court for an immediate stay on the Varanasi district court’s order granting a survey of it.
“Let there be no invasive work, so that there won’t be any excavation,” the CJI Dr Chadrachud, observed.
Ahmadi said that the ASI survey of the mosque complex started on Monday, and our request is to defer the survey for 2-3 days.
The Solicitor General, Tushar Mehta, for ASI, told the SC that not even a brick has been moved or plans to be moved for at least a week. Only photography, measurements, etc. are being done. Let them go to the Allahabad HC in the meantime.
The CJI asked the Masjid Committee to move the Allahabad High Court against the Varanasi court order.
The CJI also took into account that ASI is not contemplating carrying out any excavation in pursuance of the order. We record the statement to the extent that no excavation at the site is contemplated at this stage for one week until next Monday.
Ahmadi pleaded to the court for a stay on the Varanasi court’s order before he moved to the Allahabad High Court.
Ahmadi said there are around 30 people at the site. There are some laws in this country, and one has to be bound by them. Your lordships (of the SC) have granted an absolute stay in this case. Carbon dating and surveys were earlier stayed by this court. The maintainability of this suit is yet to be decided.
This property was a mosque 1500 Years ago. “What is this tearing hurry in it? Please maintain the status quo and stay the Varanasi District Court’s order. Nothing will happen if the order is stayed,” Ahmadi said.
The CJI asked Ahmadi to move the Allahabad High Court tomorrow and let the Allahabad High Court hear it on Wednesday, and till then, we will direct for a status quo to be maintained in the case until Wednesday.
I am being ambushed, not as claimed by the SG, and what is the tearing hurry that Friday at 4.30 pm, the order is passed? What is this going on? I am short circuiting, and since 1954, this has not happened, Ahmadi said.
We direct that the District court order of Varanasi will not be enforceable till 5 p.m. on Wednesday, and meanwhile, the aggrieved party will approach the Allahabad High Court challenging the Varanasi District Court’s order. The CJI passed the order.
