The Supreme Court (SC) will hear on Friday the plea of Anjuman Intezamia Masjid Committee, challenging the Allahabad High Court order allowing the Archaeological Survey of India to conduct a scientific survey of the Gyanvapi mosque premises, the news agency ANI reported on Thursday.
Earlier today, the Allahabad HC allowed a scientific survey at the Gyanvapi, dismissing a Muslim body's petition that had challenged a lower court order asking the ASI to conduct the survey to determine if the structure was built upon a temple.
Hours after the HC judgment, the Anjuman Intezamia Masjid committee moved the apex court, seeking an urgent hearing. Advocate Nizam Pasha mentioned the matter before Chief Justice DY Chandrachud.
"The Allahabad High Court has passed an order today. We have filed an SLP against the order. I have sent an email (seeking an urgent hearing). Let them not proceed with the survey...," Pasha said. To this, the CJI responded: "I will look at the email right away."
One of the parties from the Hindu side has also filed a caveat in the apex court saying no orders be passed without hearing them in the matter.
Earlier in the day, the HC dismissed a petition filed by the Gyanvapi committee challenging a district court order directing a survey by the ASI of the Gyanvapi premises. The HC said the district court order was just and proper, and no interference from it was warranted.
There is no reason to not believe the ASI's assurance that the survey won't cause any damage to the structure, the bench said and directed that no digging should be done on the mosque's premises.
The district court had on July 21 directed the ASI to conduct a "detailed scientific survey" -- including excavations, wherever necessary -- to determine if the Gyanvapi mosque located next to the ancient Kashi Vishwanath temple is built upon a temple.
Advocate Vishnu Shankar Jain, who represented the Hindu side in the case, said the high court stated that the district court's order on the ASI's survey will be effective immediately.
Varanasi District Magistrate S Rajalingam said the ASI had sought assistance from the local administration to start the survey from Friday.
During the hearing, chief justice Pritinker Diwaker said, "I find no substance in the argument that without digging any wall, things cannot be finalised by the ASI." The Muslim side has been opposing the survey on the ground that it may cause damage to the mosque.
The chief justice said that in this advanced stage of time, many new things have been developed and now with the help of new technology and able guidance of responsible officers of the ASI, a scientific investigation can be made.
"The officer present in the court together with the learned Additional Solicitor General of India has made a submission in the form of an affidavit that no excavation whatsoever will take place," he said.
The HC ordered the ASI director to conduct a detailed scientific investigation by using Ground Penetrating Radar (GPR) survey, excavation, dating method, and other modern techniques of the Gyanvapi mosque to find out whether the same has been constructed over a pre-existing structure of a Hindu temple.
The director of the ASI is also directed to conduct the GPR survey just below the three domes of the building in question and conduct excavation if required, the court said.
(With inputs from PTI)