Pinnacle court refuses to pause Gyanvapi Mosque survey
13-05-2022
Seeking an urgent intervention from justice of India NV Ramana, senior advocate Huzefa Ahmadi pleaded for a standing quo within the case pending before the Varanasi civil court
The Supreme Court on Friday declined to instantly stop the survey of Gyanvapi Mosque in Varanasi, saying the matter would need to be considered in due course.
Seeking an urgent intervention from jurist of India (CJI) NV Ramana, senior advocate Huzefa Ahmadi pleaded for a standing quo within the case pending before the Varanasi civil court, which on Thursday directed a day-to-day survey of a mosque to examine, conduct videography and collect evidence regarding the alleged existence of Hindu deities inside the mosque located next to the Kashi Vishwanath Temple.
“A survey has been directed in relevance the Varanasi property. this is often covered under the Places of Worship Act. Now, the court has ordered a court commissioner to conduct a survey. This has been a mosque since past,” Ahmadi submitted.
The senior lawyer, who appeared for Anjuman Intezamia Masajid Committee that manages the Gyanvapi mosque, pressed for an order of the establishment.
But the CJI responded: “We haven't seen the papers. We don’t even know what's the matter. I don’t know anything...how am i able to pass an order. i will be able to read so pass orders...let me see.”
In a suit filed jointly by five Hindu women, the Varanasi court last month ordered an inspection of the premises through advocate commissioner Ajai Kumar Mishra. The civil judicial writ was affirmed by the Allahabad supreme court on April 26.
The women asked for year-long access to hope at a shrine behind the western wall of the mosque complex. the positioning is currently open for prayers once a year. the ladies also want permission to hope to other “visible and invisible deities within the old temple complex”.
Anjuman Intezamia Masajid Committee filed a plea before the civil court to get rid of the advocate commissioner. A day ago, the civil court ordered a full survey of the Gyanvapi Mosque complex, rejecting the strain of the mosque management to limit the inquiry to certain parts of the precincts and take away the current surveyor.
The judge retained Mishra because the advocate commissioner, who was appointed last month to hold out the survey while adding two more lawyers, Vishal Singh and Ajay Pratap Singh, to the commission which will inspect, and conduct videography and collect evidence regarding the alleged existence of Hindu deities. It directed Mishra and Vishal Singh to conduct the survey.
In its order, the civil judge clarified that the advocate commissioners will have the proper to gather evidence from any a part of the mosque complex which no hindrance shall be caused by anyone within the conduct of this exercise.
Making Varanasi district magistrate and commissioner personally accountable, the court directed that the district administration and also the police must render all cooperation to the advocate commissioners and ascertain that the survey is completed as soon as possible. It ordered that the district officials and police be authorised to interrupt open any lock if required.
“If anybody creates impediment within the exercise by the court commissioners, the district administration must register a primary information report (FIR) and take strict action. In any condition, the court commissioner’s exercise shall not stop,” said the writ, seeking the commission’s report on May 17.
In its order, the civil judge also pulled up the Varanasi district administration for not complying with the court’s order in letter and spirit. It added the survey would are concluded by now had the district administration rendered its full cooperation.
