Gyanvapi - Kashi Vishwanath case: Muslim party moves Supreme Court against Allahabad High Court order allowing ASI survey

The Muslim party to the Gyanvapi mosque dispute moved the Supreme Court on Thursday challenging the Allahabad High Court order to allow the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises..The plea by Anjuman Intezamia Masajid was mentioned before Chief Justice of India (CJI) DY Chandrachud for urgent listing.The Allahabad High Court had passed an order on Thursday noting that scientific survey is important in the interest of justice.Chief Justice Pritinker Diwaker had ruled that such a survey would be beneficial to both the Hindu and Muslims sides.It had therefore dismissed the plea by the Muslim party challenging a Varanasi court order for ASI survey..The masjid committee has contended that the religious character of Gyanvapi mosque as on August 15, 1947 and prior thereto, has been, and continues to remain, that of a Muslim Mosque and "therefore, the fundamental question before the High Court was whether would it permit a survey of the Mosque when any findings would be nugatory and irrelevant in view of the provisions of Places of Worship (Special Provisions) Act, 1991"The plea states that the 1991 act is a "reiteration of the preambular virtues of secularism and fraternity as well as the principle of non-retrogression, such virtues being embedded within the Constitution, forming its basic structure.".The petitioners have further contended that the ASI survey order is further liable to be set aside on account of grave risks posed by such an exercise "which may have consequences throughout the country, as have been witnessed throughout these proceedings since a survey of the Gyanvapi Mosque was permitted, absolutely against the provisions of the Places of Worship (Special Provisions) Act, 1991". The petitioners have also urged the Apex court to consider the events which unfolded, on account of extreme media coverage and communal undertones of the entire issue when heard in court..The Gyanvapi mosque has been the subject of dispute after Hindu devotees approached a civil court seeking the right to worship inside Gyanvapi Mosque, claiming that it was a Hindu temple and that it still houses Hindu deities.Earlier, the civil court ordered a survey of the Mosque itself by an advocate commissioner, who then videotaped the premises and submitted a report to the civil court in May 2022.The report, among other things, stated that an object similar in appearance to a Shivling was found.The present matter concerns disputed claims over whether the structure found on the premises of the Gyanvapi mosque during that earlier survey was a Shivaling, as claimed by the Hindu parties in the case.On October 14, 2022, the district court had passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain.However, the Allahabad High Court on May 12 held that a scientific investigation can be done to ascertain whether the object was a Shiva Linga or a fountain, without damaging the object.Days later, the Supreme Court temporarily deferred the High Court's direction while seeking the responses of the Central and Uttar Pradesh governments to the appeal filed by a Muslim party challenging such a direction.This matter is presently pending before the top court.However, the District Court on July 21 ordered an ASI survey of the mosque premises excluding the area previously sealed by the Supreme Court (wuzukhana or an ablution pond).This led to the plea before the High Court which was dismissed today morning prompting the present appeal.