No ASI survey till Wed in Gyanvapi mosque, SC gives time to Muslim party to approach HC

New Delhi: The Supreme Court today issued a directive to halt the enforcement of the Varanasi district court's order for the Archaeological Survey of India (ASI) to survey the disputed Gyanvapi mosque complex until 5 pm on July 26.

The decision aims to provide the Muslim parties involved with sufficient time to approach the Allahabad High Court and challenge the district court's order.

The Gyanvapi mosque complex, located adjacent to the Kashi Vishwanath temple in Varanasi, has been a subject of contention for years. The survey, which commenced at 8 am on Monday, was met with opposition from the Muslim parties, who sought relief from the district court's order.

The bench presided over by Chief Justice of India, D Y Chandrachud, permitted the petitioners to approach the High Court to seek appropriate remedies. Acknowledging that the district court's order was delivered on July 21, 2023, and the survey was already underway, the Supreme Court deemed it necessary to grant a brief period for the petitioners to move the High Court.

The court's directive stated that the order of the district court would remain unenforced until July 26, 5 pm, to allow the Muslim parties to present their case. The court emphasized the urgency for the High Court to hear the matter before the status quo granted by the Supreme Court expires.

During the proceedings, Solicitor General Tushar Mehta clarified that the ASI's survey did not involve invasive methods like excavation. Instead, it focused on measurements, photography, and radar imaging. The court accepted this clarification and recorded it in the order.

Although the petitioners requested time until July 28, the Supreme Court deemed the allotted period until July 26 sufficient for them to approach the High Court. The court's decision for the status quo was met with opposition from the respondents, who argued against it, but the court went ahead with its order.

Senior Advocate Huzefa Ahmadi, representing the mosque committee, questioned the urgency of conducting the survey when it had not been done for several centuries. He expressed concern over being deprived of an appellate hearing on the matter.

The Gyanvapi mosque complex dispute has been a long-standing issue, and the recent developments in the Supreme Court provide a temporary respite for the Muslim parties involved. As the deadline approaches, the High Court will be the next battleground for both parties to present their arguments and seek a resolution to the contentious matter.