The top court asks the Muslim side to approach the Allahabad High Court against the Varanasi court's order
The Supreme Court on Monday ordered a two-day stay on a Varanasi court's decision for a survey by the Archaeological Survey of India (ASI) of the Gyanvapi complex.
“We are of the view that some breathing time should be granted to (the Muslim side) to file an appeal…The Varanasi court's order shall not be enforced until 5 pm on 26th July 2023,” a three-judge Bench led by Chief Justice of India DY Chandrachud said.
The top court asked the Muslim side to approach the Allahabad High Court against the Varanasi court's order by Tuesday. It also requested the Allahabad High Court Chief Justice to allow a hearing before the expiry of its interim stay order.
Acting on a plea by four Hindu women, Varanasi District Judge AK Vishvesha had on Friday ordered an ASI survey of the Gyanvapi Complex, excluding the Wazukhana, that is, ablution pond area of the complex, which had been sealed on the top court's order.
The top court's stay order on Monday came after senior counsel H Ahmadi mentioned before the top court a petition filed by Committee of Management Anjuman Intezamia Masjid, Varanasi, challenging a local court's order for an ASI survey of the disputed premises and sought a stay on the ASI survey.
Ahmadi told the court that the ASI had already started digging a wall on the western side of the premises. “What is the tearing hurry? This structure has been used as a mosque since the 1500s,” he said.
Senior counsel Shyam Divan, representing the Hindu side, said the Varanasi court order specifically excluded the Wazukhana'at which the top court had ordered a status quo to be maintained.
Initially, CJI Chandrachud asked Solicitor General Tushar Mehta to instruct the ASI not to do any excavation before it took up the matter later in the day.
When the matter was taken up again at 11.15 am, the Solicitor General told the Bench that not even a brick had moved and that only the survey was going on. Mehta said only measurements, photography and radar imaging were being carried out at the site. No excavation was contemplated at the site at least for the next one week, Mehta said.
After a brief hearing, the Supreme Court ordered a two-day stay on the ASI survey ordered by the Varanasi court and asked the Muslim side to move the Allahabad High Court for relief.
