Gyanvapi Masjid Row: SC stays order for survey till July 26, 5pm

Gyanvapi Masjid Row: The Supreme Court on Monday stayed the Varanasi Court’s order for a “detailed scientific survey” by the Archaeological Survey of India (ASI) to determine the status of the Gyanvapi mosque located next to the Kashi Vishwanath temple until 5 pm on July 26.

Chief Justice DY Chandrachud’s bench has also directed the Allahabad High Court to hear an appeal filed by the mosque committee before the expiry of its order. Holding that the mosque management committee must get “some breathing time” to appeal against the Friday order, a bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, stayed the district court’s order for a little over 48 hours to let the committee approach the Allahabad high court in appeal.

“We permit petitioners to move the high court under Article 227 (writ jurisdiction) challenging order of the district judge, Varanasi. Having regard to fact that order was passed on July 21, at 4.30pm and ASI survey is being carried out today, we are inclined to permit them some breathing time.

We direct that the district court order shall not be enforced till July 26, 5pm,” directed the bench, also comprising justices JB Pardiwala and Manoj Misra. Should the committee move the high court, the high court registrar shall ensure that their petition is placed before a roster so that it is heard before status quo order ends, the bench added.

The bench asked solicitor general Tushar Mehta, who appears for the Uttar Pradesh government in the case but was requested by the bench to assist it on Monday morning, to convey the court’s directions to ASI without delay. Initially, the bench proceeded to dispose of the committee’s plea while giving it some time to approach the high court and recording Mehta’s statements that no excavation or any other invasive method will be resorted to by ASI in the mosque complex for at least a week.

But the bench eventually stayed the district court order till 5pm on July 26 after the committee, represented through senior advocate Huzefa Ahmedi, vociferously pressed for a status quo, arguing they have been “ambushed” by the district court’s order which came on Friday evening and ASI rushed to the mosque complex on Monday morning.

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