New Delhi: The Supreme Court on Friday stayed for the time being the Allahabad High Court’s order directing a scientific investigation of the disputed structure inside the Gyanvapi mosque in Varanasi, claimed by the petitioner Hindu side to be a “Shivling”. While Muslim factions call it “Fountain”.
A three-judge bench headed by Chief Justice DY Chandrachud stayed the high court order while taking note of an appeal filed by the Anjuman Islamia Masjid Committee, which manages the Gyanvapi mosque. In its petition before the SC, the committee said the High Court ordered the probe on May 12, while the question of maintainability of the trial was pending before the court and the decision on the issue was reserved for December 2022.
A bench of Justices PS Narasimha and KV Vishwanathan said, “Since the implications of the impugned order have to be examined closely, the implementation of the relevant directions in the order shall be deferred till the next date.”
Senior advocate Huzefa Ahmadi, appearing for the committee, said the Archaeological Survey of India (ASI) report on the structure was submitted to the court on May 11 and the order was passed the next day. The committee was not given a proper opportunity to register its objections to the report.
The High Court order came on an appeal filed by four female Hindu worshippers, challenging the Varanasi Civil Court order that rejected their plea for a scientific investigation. The ASI report said that the investigation would not cause any damage to the structure.
The High Court, while allowing the investigation, had ordered that the process be done under the supervision of the District Judge of Varanasi. The ASI was also directed to appear before the trial judge on May 22 to seek suitable instructions for conducting a scientific examination of the structure.
Advocate Vishnu Kumar Jain, appearing for the Hindu side, urged the Chief Justice’s bench to call for the ASI’s report before taking a final decision.
Solicitor General Tushar Mehta, appearing for the state, agreed with the court’s view that the matter needed to be “carefully examined”. “There should be no damage to the structure,” he told the bench.
The Hindu side had filed an application in a pending case before the Varanasi District Court asking for the right to pray inside the Gyanvapi mosque, claiming that it was a Hindu temple that still had Hindu deities. Are.
The area where the disputed structure was located has been sealed on the orders of the court. This was done after the advocate commissioner appointed by the court surveyed the area and submitted a report thereon. Both the high court and the apex court had refused to interfere with the sealing order.
Meanwhile, the Muslim side questioned the maintainability of the suit before the Allahabad High Court which has reserved order on it.