The Masjid Committee has moved Supreme Court after the challenge to order by Varanasi District court judges for ASI survey of Gyanvapi Mosque was dismissed by the Allahabad High Court.
The order by the Allahabad Courhas been challenged by the committee for the matter to be heard soon.
The matter was mentioned by Advocate Nizam Pasha before the Constitution Bench which was hearing the Article 370 proceedings.
When the Constitution Bench was about to rise in the evening,the counsel Advocate Pasha mentioned the matter before CJI DY Chandrachud.
The counsel said that the Allahabad High Court order had come out in the morning and so the survey should not be permitted .
The CJI assured him for looking the email soon.It is important to note that owing to the Constitution Bench hearings, the process of mentionings before the CJI has changed.
As per the latest SoP, parties are supposed to circulate an email to the Registrar in cases of urgent mentionings.
The CJI had remarked on Wednesday that however urgent any matter is,once the mentioning is not available or mentioning is over, the email will be put up by the Registrar (Listing) and I pass immediate orders on listing. Just read the SoP. It has everything in it.
The Allahabad High Court, while permitting the ASI survey on thursday said that the the court of Varanasi was justified in ordering for an ASI survey of the premises. The court had added that the scientific survey is necessary in the interest of justice.
It is pertinent to note that the Anjuman Mosque Committee moved the HC on July 25 challenging the order of the Varanasi Court directing the ASI to survey the mosque premises (except for Wuzukhana).
This order was by the District Judge on an application filed by 4 Hindu Women Worshippers who are party to a suit filed before the District Court seeking year-round access to worship inside Mosque premises.
The Supreme Court on July 24 stayed the ASI survey till July 26, 5 PM so as to allow some “breathing time” to the Masjid committee to approach the High Court. The stay was extended by the HC on July 27 till August 3.