Supreme Court Orders Status Quo On Gyanvapi Mosque ASI Survey, Asks Masjid Committee To Approach High Court

The Supreme Court today upon an urgent mention of a plea by the Committee of Management Anjuman Intezamia Masjid Varanasi ordered maintenance of status quo on the directions of the Varanasi Court for a scientific survey of the Gyanvapi mosque premises by the Archaeological Survey of India.

The Bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra in its order noted "We permit the Petitioners to move the High Court in the exercise of its jurisdiction under Article 227 of the Constitution to challenge the order of Learned District Judge, Varanasi. Having regard to the fact that the order of the District Court was pronounced at 4:30 PM on 21 July 2023, and the survey is in the process of being carried out today, we are of the view that some breathing time should be granted to the Petitioner to move to the High Court seeking appropriate reliefs."

The Bench further said in its order, "We direct that the impugned order of the District Court shall not be enforced until 5 PM till 26th Jul 2023. In the meantime, should the petitioners move the High Court with a Petition/application under Article 227 of the Constitution, the Registrar Judicial shall ensure that it is placed before the appropriate bench according to the roaster so that it can be heard before the order of status quo which has been granted by this Court comes to an end."

The Apex Court has also asked the Solicitor General Tushar Mehta, who was representing the Uttar Pradesh government, to take instructions and inform the ASI team that there should not be any "invasive work" or excavation at the site.

Appearing for the Committee, Senior Advocate Huzefa Ahmadi had sought an urgent hearing before the Court, seeking a stay of the order. Ahmadi submitted that the Archaeological Survey of India (ASI) has begun the scientific survey. On being asked by the CJI to approach the High Court, Ahmadi responded, "The orders were passed on the Friday and milords are well aware of the practical difficulty to move to the Allahabad High Court." He further said that even the official order of the Varanasi Court was not received by him and that he had read it from some media report.

Further, Ahmadi said, "Since 1947 you haven't done that, so what is the tearing urgency in doing in 2 days?" Upon taking the instructions, SG Mehta informed the Court that "Apropos to what my learned friend says that some wall is broken, my specific instruction are that not a brick is removed nor contemplated to be removed, at least for one week."

SG Mehta further apprised the Court that "Right now, what is going on is the measurement, photography and radar imaging etc. which will not change the structure."

A Varanasi court directed the ASI on Friday to conduct a "detailed scientific survey", including excavations, wherever necessary to determine if the mosque was built at a place where a temple existed earlier. The mosque's "wazookhana" (a small reservoir for Muslim devotees to perform ritual ablutions), where a structure claimed by the Hindu litigants to be a "Shivling" exists, will not be part of the survey, following an earlier Supreme Court order protecting that spot in the complex.

Cause Title: Committee of Management Anjuman Intezamia masajid Varanasi vs. Rakhi Singh [SLP (C) No.14853/23]