Gyanvapi case: Supreme Court stays ASI survey of mosque premises till July 26, asks Muslim side to approach HC

The Supreme Court on Monday ordered a stay on a Varanasi court order that directed the Archaeological Survey of India to conduct a scientific survey of the Gyanvapi mosque premises till 5 PM on Wednesday, July 26.

The order by a bench led by Chief Justice of India DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra came on a plea filed by the Muslim side challenging the Friday order allowing the ASI survey of the entire mosque premises (except wazukhana). The petitioners had contended that the order, delivered at 4.30 PM on Friday, was already being executed, leaving them little time to move High Court to seek relief.

Also Read: ASI begins survey of Varanasi’s Gyanvapi mosque amid tight security, report due on August 4

After hearing arguments from both sides, the CJI ordered a stay on the order till Wednesday, allowing the petitioners time to move High Court and seek relief.

“We are 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 High Court, the Registrar General of High Court should ensure that it is placed before appropriate bench before status quo order ends,” the CJI said in the order.

A team of the ASI arrived at the Gyanvapi mosque at around 7 AM on Monday and began the scientific survey as per the orders of the Varanasi district court allowing the inspection.

Also Read: Gyanvapi case: Varanasi court allows plea seeking ASI survey of mosque premises

When the matter was mentioned before the CJI bench this morning, the top court initially proposed to list the matter on July 28, with directions to the ASI to not carry out invasive work or excavation during the survey.

However, after senior advocate Huzefa Ahmadi, appearing for the Muslim party, informed the Court that the ASI had already started digging at the western wall of the mosque, the court chose to hear the matter today itself.

Solicitor General Tushar Mehta claimed that the walls were not broken and that only measurement and photography were being carried out. He affirmed that no structural changes would be made to the premises. However, Ahmadi questioned the ‘tearing hurry’ of the ASI in conducting the survey and pressed for a stay on the order for at least one week.

The court, however, took note of the submissions by the Solicitor General and ordered a status quo for two days. The focus now turns to the Allahabad High Court which will decided whether the scientific survey of the mosque will carry on.