The Supreme Court on Friday refused to grant an interim order of status quo on the survey of the Gyanvapi-Shringar Gauri complex at Varanasi in Uttar Pradesh. The top court, however, agreed to consider listing the plea of a Muslim party against the survey of the Gyanvapi premises.
A bench headed by Chief Justice N V Ramana was told by senior advocate Huzefa Ahmadi, appearing for the Muslim side in the Gyanvapi mosque case, that a plea has been filed against the survey being conducted at the Varanasi site. “Let me see,” the CJI said on the urgent listing of the plea.
“We have filed in relation to a survey which has been directed to be conducted in relation to the Varanasi property. This (Gyanvapi) has been a mosque since time immemorial and this is clearly interdicted by the Places of Worship Act,” Ahmadi said.
He said the direction to conduct a survey has been passed and the order of status quo be passed at the moment. “I do not know anything. How can I pass such an order? I will read. Let me see,” the CJI said.
The Muslim side has been referring to the Places of Worship (Special Provisions) Act, 1991 and its section 4 which bars filing of any suit or initiating any other legal proceeding for a conversion of the religious character of any place of worship, as existing on August 15, 1947.
A Varanasi local court on Thursday rejected a plea to replace the advocate commissioner it had appointed for conducting a videography survey of the Gyanvapi-Shringar Gauri complex here and ordered the completion of the task by May 17.
The district court also appointed two more lawyers to help the advocate commissioner carry out the survey at the mosque, which is located close to the iconic Kashi Vishwanath temple. It ordered the police to register FIRs if there are attempts to scuttle the exercise.
The local court’s May 12 order came on a plea by a group of women seeking permission for daily worship of Hindu deities whose idols are located on an outer wall of the mosque. The mosque management committee had opposed filming inside the mosque and also accused the court-appointed commissioner of partiality. Amid the opposition, the survey was stalled for a while.
It said the survey could be done in the Gyanvapi-Shringar Gauri complex between 8 am and 12 pm daily till its completion. The survey report should be submitted by Tuesday. The videographic survey of the mosque was ordered on April 18, 2021 by Judge Diwakar following the plea by Delhi residents Rakhi Singh, Laxmi Devi, Sita Sahu and others.
