SC halts ASI survey at Gyanvapi for two days

NEW DELHI: The Supreme Court on Monday stayed till 5pm on July 26 the Varanasi district court's order of an extensive survey of the Gyanvapi Masjid by the Archaeological Survey of India (ASI) to ascertain whether the mosque was built over a pre-existing Hindu temple, holding that the mosque management committee must get "some breathing time" to challenge the impugned directive

- Utkarsh Anand

A bench, headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, also directed the registrar (judicial) of the Allahabad high court to ensure that the committee's petition is placed before an appropriate bench in the high court "so that it can be heard before the order of status quo, which has been granted by this court today, comes to an end".

"Having regard to the fact that the order of the district court was pronounced at 4.30pm on July 21, 2023, and the survey is in the process of being carried out today, we are of the view that some 'breathing time' must be granted to the petitioners to move the high court for pursuing their remedies. We direct that the impugned order of the district court shall not be enforced until 5pm on July 26, 2023," stated the bench, also comprising justices JB Pardiwala and Manoj Misra.

The directive came at a time when a 30-member team of ASI was inside the mosque complex to carry out the survey - as directed by the Varanasi district court, while the mosque management committee had rushed to the Supreme Court, pressing for an immediate stay of the contentious order. The ASI team was accompanied by the four Hindu women plaintiffs and their counsel, Uttar Pradesh government's special counsel Advocate Rajesh for Shringar Gauri-Gyanvapi case, and senior administrative officials.

The bench asked solicitor general (SG) Tushar Mehta, who appeared for the UP government in the case, to communicate the court's restraining order to ASI without delay. It also recorded the SG's statement that ASI contemplates no excavation at the site until July 31, 2023, and that only measurements, photography and radar imaging were being carried out.

The top court order came on an urgent plea moved by the mosque management committee, complaining that they were "ambushed" by the district court's order which came on Friday evening and ASI quickly moved in action, reaching the site on Monday morning.