Varanasi: Supreme Court rejected to immediately halt the survey of Varanasi’s Gyanvapi Mosque on Friday, saying the matter would be handled later.
Senior advocate Huzefa Ahmadi requested an urgent intervention from Chief Justice of India (CJI) NV Ramana in the case pending before the Varanasi civil court, which on Thursday ordered a day-to-day survey of a mosque to inspect, conduct videography, and collect evidence regarding the alleged existence of Hindu deities inside the mosque located next to the Kashi Vishwanath Temple.
“A survey has been directed in relation to the Varanasi property. This is covered under the Places of Worship Act. Now, the court has ordered a court commissioner to conduct a survey. This has been a mosque since time immemorial,” Ahmadi submitted.
The senior lawyer representing the Anjuman Intezamia Masajid Committee, which operates the Gyanvapi mosque, pushed for a status quo order.
But the CJI responded: “We have not seen the papers. We don’t even know what is the matter. I don’t know anything…how can I pass an order. I will read and then pass orders…let me see.”
Last month, the Varanasi court ordered an investigation of the premises through attorney commissioner Ajai Kumar Mishra in response to a lawsuit filed by five Hindu women. On April 26, the Allahabad high court upheld the civil court’s decision.
The women requested year-round access to a shrine beyond the mosque complex’s western wall, where they could pray. Currently, the location is only open for prayers once a year. Permission to pray to other “visible and invisible deities within the old temple complex” is also sought by the women.
Anjuman Intezamia Masajid Committee filed a civil court petition to have the advocate commissioner removed. The civil court has ordered a complete survey of the Gyanvapi Mosque complex, rejecting the mosque management’s demands to confine the investigation to specific areas of the precincts and dismiss the current surveyor.
The judge kept Mishra as the advocate commissioner, who was appointed last month to conduct the survey, while also adding two more lawyers, Vishal Singh and Ajay Pratap Singh, to the commission, which will inspect, conduct videography, and collect evidence about the alleged existence of Hindu deities. Mishra and Vishal Singh were given the task of conducting the survey.
The civil judge stressed in his decision that the advocate commissioners will have the power to gather evidence from any portion of the mosque complex and that no one will be hindered in their efforts.
“If anybody creates impediment in the exercise by the court commissioners, the district administration must register a first information report (FIR) and take strict action. In any condition, the court commissioner’s exercise shall not stop,” said the court order, seeking the commission’s report on May 17.
The civil judge stressed in his decision that the advocate commissioners will have the power to gather evidence from any portion of the mosque complex and that no one will be hindered in their efforts
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