The Supreme Court heard an appeal against the order by the Allahabad High Court permitting the appointed commissioner to inspect and do the video survey of Gyanvapi Masjid.
The appeal was mentioned by Anjuman Intezamia Masjid (AIM) before Chief Justice of India Justice N.V. Ramana seeking urgent listing.
Senior Counsel Huzefa Ahmadi, representing the AIM, said “Please list this milord. The survey is taking place today.”
CJI Ramana replied that he will have to examine the petition before listing it. “I have no idea about this case. Let me look at the papers. We will list it.”
A lower court has a suit filed that claims signs and idols of deities such as Maa Gauri, Lord Ganesh and Hanuman are present at the site and that Hindus should be allowed to enter the site to offer their prayers and perform pooja and offer bhog to the deities.
A Varanasi court had appointed a court commissioner for conducting survey and videography of the site. The same was challenged before the Allahabad High Court, which dismissed the appeal on April 21.
At the same time, the Masjid Committee also filed a complaint that the court commissioner was biased and should be replaced.
Rakhi Singh and others had filed a suit before the lower court seeking a declaration that their right to profess their religion as guaranteed under Article 25 of the Constitution is breached.
After hearing the contentions from both sides, the civil judge passed an order on August 18, 2021 appointing an advocate commissioner who had to visit the site, inspect and collect evidence as to whether the deities exist at the site.
The commissioner was also allowed to seek police force assistance in case of any disturbance or resistance to collection of evidence by virtue of videography.