The Anjuman Intezamia Masjid Committee, responsible for overseeing 22 mosques, including the historic Gyanvapi Masjid in Varanasi, has filed a petition before the Allahabad High Court to challenge the recent order from the District Court.
The contentious order, issued on July 21, directed the Archaeological Survey of India (ASI) to conduct a survey of the entire Gyanvapi mosque premises (excluding the Wuzukhana area) to determine if the 16th-century mosque was built atop a pre-existing Hindu temple.
The matter has gained nationwide attention, leading to interventions from the highest judicial authorities. On July 24, a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Manoj Misra directed that the Varanasi Court's order should not be enforced until 5 PM on July 26, allowing the Masjid committee time to approach the High Court. The Supreme Court also requested the High Court Chief Justice to schedule a hearing on the plea before the interim order expires.
During the Supreme Court hearing, the ASI clarified that it currently has no plans for any excavation at the Gyanvapi site for at least a week, despite the Varanasi District Court's initial approval for such an investigation.
The controversy dates back to May when four Hindu women worshippers sought a scientific survey of the entire Gyanvapi mosque premises under Section 75(e) and Order 26 Rule 10A of CPC. The application aimed to support their plea for all-year-round worshipping rights in the Gyanvapi Mosque compound. The Varanasi District Court accepted their application, asserting that the survey would help in a "just and proper disposal of the case" and the revelation of "true facts" before the Court.
Prior to this development, on May 12, the Allahabad High Court had directed the ASI to conduct a scientific survey of a 'Shiva Linga' allegedly found within the Gyanvapi Mosque premises to ascertain its age. However, the Supreme Court later stayed this investigation after the Mosque committee challenged it.
The legal proceedings have garnered widespread attention and raised complex questions concerning historical and religious significance. As the case continues to unfold, observers await the High Court's decision on the Mosque committee's challenge to the ASI survey order.
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