Gyanvapi Case : Masjid Committee Moves Supreme Court Against Allahabad HC Order Allowing ASI Survey Of Mosque

Padmakshi Sharma

3 Aug 2023 10:50 AM GMT

  • Gyanvapi Case : Masjid Committee Moves Supreme Court Against Allahabad HC Order Allowing ASI Survey Of Mosque

    After the Allahabad High Court today dismissed Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 order for ASI Survey of the Gyanvapi Mosque, the Masjid Committee moved the Supreme Court. The committee has challenged the Allahabad High Court order and urged for the matter to be heard soon. The matter was mentioned by Advocate Nizam Pasha before...

    After the Allahabad High Court today dismissed Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 order for ASI Survey of the Gyanvapi Mosque, the Masjid Committee moved the Supreme Court. The committee has challenged the Allahabad High Court order and urged for the matter to be heard soon. 

    The matter was mentioned by Advocate Nizam Pasha before the Constitution Bench which was hearing the Article 370 proceedings. As the Constitution Bench was about to rise today evening at 4PM, Pasha mentioned the matter before CJI DY Chandrachud.

    Pasha said–

    "Allahabad High Court order came out this morning. Let them not carry out the survey. I have emailed the order."

    To this, the CJI assured him that he would have a look at the email soon. 

    It may be noted that owing to the Constitution Bench hearings, the process of mentionings before the CJI has changed. As per the latest SoP, parties are supposed to circulate an email to the Registrar in cases of urgent mentionings. Yesterday, the CJI had remarked–

    "However urgent something is, once the mentioning is not available or mentioning is over, the email will be put up by the Registrar (Listing) and I pass immediate orders on listing. Just read the SoP. It has everything in in it."

    The Allahabad High Court, while permitting the ASI survey today, had said–

    "The Varanasi Court was justified in ordering for ASI survey of the premises. Scientific survey is necessary in the interest of justice."

    It may be recalled that the Anjuman Mosque Committee moved the HC on July 25 challenging the order of the Varanasi Court directing the ASI to survey the mosque premises (except for wuzukhana). This order was by the District Judge on an application filed by 4 Hindu Women Worshippers who are party to a suit filed before the District Court seeking year-round access to worship inside Mosque premises.

    The Supreme Court on July 24 stayed the ASI survey till July 26, 5 PM so as to allow some "breathing time" to the Masjid committee to approach the High Court. The stay was extended by the HC on July 27 till today (August 3).

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