In the ongoing dispute over the Gyanvapi mosque, the Muslim party, Anjuman Intezamia Masajid, has approached the Supreme Court. The move comes as a challenge to the Allahabad High Court’s order permitting the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises. The plea was mentioned before Chief Justice of India (CJI) DY Chandrachud for urgent listing.
The Allahabad High Court had previously noted that a scientific survey is crucial in the interest of justice. Chief Justice Pritinker Diwaker stated that such a survey would be beneficial to both the Hindu and Muslim sides. Consequently, the court dismissed the plea by the Muslim party challenging a Varanasi court order for the ASI survey.
The Gyanvapi mosque has been a focal point of contention after Hindu devotees approached a civil court seeking the right to worship inside the Gyanvapi Mosque. They claimed that it was originally a Hindu temple and that it still houses Hindu deities.
Earlier, the civil court ordered a survey of the Mosque by an advocate commissioner, who videotaped the premises and submitted a report to the civil court in May 2022. The report stated, among other things, that an object similar in appearance to a Shivling was found.
The current matter pertains to disputed claims over whether the structure found on the premises of the Gyanvapi mosque during the earlier survey was a Shivaling, as claimed by the Hindu parties in the case.
On October 14, 2022, the district court had passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain. However, the Allahabad High Court on May 12 held that a scientific investigation can be done to ascertain whether the object was a Shiva Linga or a fountain, without damaging the object.
Days later, the Supreme Court temporarily deferred the High Court’s direction while seeking the responses of the Central and Uttar Pradesh governments to the appeal filed by a Muslim party challenging such a direction. This matter is presently pending before the top court.
However, the District Court on July 21 ordered an ASI survey of the mosque premises excluding the area previously sealed by the Supreme Court (wuzukhana or an ablution pond). This led to the plea before the High Court which was dismissed, prompting the present appeal to the Supreme Court.