The Supreme Court in the case observed and has directed to put on hold the scientific investigation of the structure which being inside the Varanasi Gyanvapi Mosque which the Hindu plaintiffs claimed to be the Shivalinga and also the Mosque committee claims to a fountain.
The bench comprising of Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice KV Viswanathan in the case observed and has passed the order in a special leave petition which is being filed by Anjuman Islamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) against the order of the Allahabad High Court on May 12, 2023, wherein the court directed for the scientific survey of the ‘Shivlinga’ in order to ascertain the age of the structure.
In has also been directed by the bench that the the implementation of the directions contained in the order of the High Court shall stand deferred till the next date of hearing.
The counsel, Senior Advocate Huzefa Ahmadi, appearing for the Masjid in the case stated that the survey steps will commence on next Monday. Therefore, the counsel Solicitor General of India Tushar Mehta, appearing for the State of Uttar Pradesh, expressed its concern with regards to damage to the structure during the process.
In the present case, it has been submitted by Ahmadi that the High Court passed the order even as the judgment on the petition filed by the Masjid Committee wherein it questioned the maintainability of the suit has been reserved since December 2022. Thus, it has been stated by him that the report of the ASI’s was being presented before the court on May 11 and the order was to be passed on the next day. The bench comprising of Justice Arvind Kumar Mishra-I in the case observed and has allowed the revision plea moved by 4 women Hindu worshippers wherein it challenged the Varanasi Court’s October 14 order wherein the court had rejected their plea.
The High Court in the case observed and has directed that the process should be carried out under the supervision of the Varanasi District Judge.
Therefore, the Varanasi District Court on May 16 granted time till May 19to the Anjuman Islamia Masjid committee for filing their reply or objection on a new application filed by 4 Hindu women worshippers seeking a survey of the entire Gyanvapi mosque premises by the Archaeological Survey of India (ASI) to find out as to whether the Mosque had been constructed over a pre-existing structure of the Hindu temple