The Supreme Court on Friday directed listing of the petition filed against the survey ordered by a Varanasi court in Gyanvapi Mosque, before a bench presided over by Justice DY Chandrachud.
The direction has been issued by a bench headed by Chief Justice of India NV Ramana in a special leave petition challenging a Varanasi Court's order directing the survey work to continue in the Gyanvapi mosque-Kashivishvanath temple premises.
The direction has been issued after the issue was mentioned and urgent listing of the case was sought before a bench led by CJI Ramana yesterday.
"Upon being mentioned by Mr. Huzefa Ahmadi, learned Senior counsel appearing on behalf of the petitioner, we deem it appropriate to direct the Registry to list the matter before the Bench presided over by Hon'ble Dr.Justice D.Y. Chandrachud," the bench has directed
Mentioning the matter before the Chief Justice of India, Senior Advocate Huzefa Ahmadi had sought status quo of the local court's order.
"Survey has been directed in relation to Varanasi property. This is covered by Places of Worship Act. Now the Court has ordered Commissioner to conduct a survey!", Ahmadi had submitted.
"Let me see," the CJI had said.
Mr Ahmadi had then prayed for ordering status quo on the survey.
CJI NV Ramana had said that he was not aware of what the issue was, as he has not seen the papers.
It may be noted that the matter was not listed in the regular cause-list for yesterday and the senior counsel, appearing for the mosque committee, was making an oral mentioning of the case.
"I don't know anything, how can I pass an order. I'll read and then pass orders.. let me see," CJI said.
The present special leave petition has been filed by Committee of Management, Anjuman Intezamia Masajid against order of the Varanasi Court ordering a survey on a plea by few Hindu devotees.
The Varanasi Court had ordered an inspection of the premises on petitions moved by five Hindu women asking for year-long access to pray at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex in Varanasi. The site is currently opened for prayers once a year.
The local court had earlier directed the authorities to submit a report by May 10, however, the survey could not take place as the mosque committee had opposed the videography inside the mosque.
Thereafter, a petition was filed on behalf of the Anjuman Intezamia Masajid Committee demanding the removal of Advocate Commissioner Ajay Kumar Mishra. After 3 days of arguments, the Court ordered that the survey of the premises shall continue.
The Court has appointed 2 more lawyers as commissioners to accompany Court commissioner Ajay Mishra for the survey and further, it has been ordered the Commission to submit a report by May 17 before the court.
The court has also ordered that the entire mosque complex be surveyed and further directed that till the survey is not completed, it shall continue.
The petitioners before the Apex Court are being represented through Senior Advocate Huzefa Ahmadi, Senior Advocate Fuzail Ahmad Ayyubi, Advocate Nizamuddin Pasha, Advocate Ibad Mushtaq and Advocate Kanishka Prasad.
Case Title: COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID VARANASI vs RAKHI SINGH & O