New Delhi: The Supreme Court on Friday deferred, for the time being, an Allahabad High Court order that directed a scientific examination of the disputed structure inside the Gyanvapi mosque in Varanasi, which the litigant Hindu side has claimed to be a “Shivling”, while the Muslim faction calls it a “fountain”.
A three-judge bench, led by Chief Justice D.Y. Chandrachud, put the high court order on hold, while taking note of an appeal filed by the Anjuman Islamia Masjid Committee – which manages the Gyanvapi mosque. In its petition before the SC, the committee said the high court went ahead to order the investigation on 12 May, while the question on the maintainability of the suit was pending before the court and the judgement on the issue was reserved in December 2022.
“Since the implications of the impugned order merit closer scrutiny, the implementation of the directions concerned in the order shall stand deferred till the next date,” said the bench, also comprising Justices P.S. Narasimha and K.V. Vishwanathan.
Appearing for the Committee, senior advocate Huzefa Ahmadi said the Archaeological Survey of India’s (ASI) report on the structure was presented to the court on 11 May and the order was passed the next day. The Committee was not given proper opportunity to file its objections to the report.
The HC order came on an appeal filed by four women Hindu worshippers challenging the Varanasi civil court’s order that rejected their plea for a scientific investigation. The ASI report had said the investigation would not cause any damage to the structure.
While allowing the investigation, the HC had ordered that the process should be carried out under the supervision of the Varanasi district judge. The ASI, too, was directed to appear before the trial judge on 22 May to seek suitable direction for carrying out the scientific investigation of the structure.
Advocate Vishnu Kumar Jain, appearing for the Hindu side, urged the CJI’s bench to call for the ASI report before taking a final call.
Solicitor General Tushar Mehta, appearing for the state, agreed with the court’s view that the matter needs to be “examined carefully”. “There should be no damage to the structure,” he told the bench.
The Hindu side had moved an application in a pending suit before the Varanasi District Court in which it has asked for praying rights inside the Gyanvapi Mosque, claiming that it was a Hindu temple that still houses Hindu deities.
The area where the disputed structure was located is sealed on the orders of the court. This was done after a court-appointed advocate commissioner surveyed the area and submitted a report on it. Both the HC and the top court had declined to interfere with the sealing order.
Meanwhile, the Muslim side questioned the maintainability of the suit before the Allahabad HC that has reserved orders on it.
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