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Mosque committee moves SC against HC order allowing scientific survey by ASI of Gyanvapi mosque premises

An advocate of the Masjid Committee mentions the matter before a bench headed by Chief Justice of India DY Chandrachud seeking an urgent hearing and asking the court not to allow ASI to carry out the survey.

ANI Aug 03, 2023 19:57 IST googleads

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New Delhi [India], August 3 (ANI): The Anjuman Intezamia Masjid Committee on Thursday moved the Supreme Court challenging the Allahabad High Court order allowing ASI to conduct a scientific survey by ASI of the Gyanvapi mosque premises.
An advocate of the Masjid Committee mentions the matter before a bench headed by Chief Justice of India DY Chandrachud seeking an urgent hearing and asking the court not to allow ASI to carry out the survey.
Allahabad High Court today morning dismissed the plea filed by a Muslim party challenging the Varanasi court order allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises.
Chief Justice Pritinker Diwaker passed the order, noting that a scientific survey is important in the interest of justice.
After the judgement, a Caveat application was filed in the Supreme Court by one of the Hindu petitioners in the Kashi Vishwanath temple-Gyanvapi mosque case seeking to be heard before passing any order in case the Muslim side files a plea against the Allahabad High Court allowing the ASI to conduct a scientific survey of the mosque premises.
A Caveat application is filed by a litigant to ensure that no adverse order is passed against him or her without being heard.
On July 24, the top court put on hold till July 26 a detailed scientific survey by the ASI to determine if the mosque located next to the Kashi Vishwanath temple in Varanasi was built upon a temple.
On July 21, Varanasi district judge AK Vishvesha ordered the ASI survey of the Gyanvapi complex on an application moved by four Hindu women on May 16.
The order of the district judge, however, excluded the ablution pond area of the complex, which has been sealed on the order of the top court.
On May 12 this year, the Allahabad High Court had allowed the scientific survey of this purported “shivling” but the top court stayed this order on May 19.
During the survey, a structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16 last year during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.
The High Court on May 12 set aside the Varanasi District judge's order which had rejected the application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022.
The High Court had directed the Varanasi District judge to proceed, in accordance with the law, on the application by the Hindu worshippers for conducting a scientific probe of the “Shivling”.
Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the order lower court order. (ANI)

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