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Justice DY Chandrachud to hear Muslim side’s plea against Gyanvapi survey tomorrow after the survey team finds Shivling inside the disputed structure

The committee that manages the affairs and upkeep of the disputed structure often referred to as Gyanvapi 'mosque' is representing the Muslim side in the case.

After the survey of the disputed Gyanvapi structure has been completed today, the Supreme Court is all set to hear a petition to seek direction against the survey of the complex submitted by the Muslim side on Tuesday. The plea submitted by the Management Committee of Anjuman Intezamia Masjid will be heard by a three-member bench headed by Justice DY Chandrachud.

The committee that manages the affairs and upkeep of the disputed structure often referred to as Gyanvapi ‘mosque’ is representing the Muslim side in the case. Huzefa Ahmadi, senior counsel appearing on behalf of the petitioner, has been seeking a ban on the survey being conducted at the site since the beginning. For this, he had sought an urgent interim order in the case, with his plea. However, a bench headed by Chief Justice NV Ramana refused to put a stay on the ongoing survey of the disputed site on May 14.

In the order, Chief Justice NV Ramana asserted that first look into the papers of the survey and videography undertaken. However, Ramana agreed to list the plea submitted by the Muslim side, which will be heard tomorrow. “Upon being mentioned by Huzefa Ahmadi, senior counsel appearing on behalf of the petitioner, we deem it appropriate to direct the Registry to list the matter before the bench presided over by Dr Justice DY Chandrachud,” the SC order on May 14 said. The bench will also include Justices J K Maheshwari and Hima Kohli.

While the plea submitted by Senior Counsel Ahmedi demanded to seek action against the then ongoing survey, it must be noted that the survey and videography committee has completed its work today itself. After three days of rigorous work, the survey committee completed documentation of the temple and the temple has been sealed by CRPF. Reportedly a, 12′ 8″ wide in diameter Shivling has been found inside the complex of the disputed structure.

However, Ahmadi’s allegation against the survey being conducted in the disputed structure is built upon the premise of the Places of Worship Act, 1991. “We have filed in relation to a survey which has been directed to be conducted in relation to the Varanasi property. This (Gyanvapi) has been a mosque since time immemorial and this is clearly interdicted by the Places of Worship Act,” he said.

What lies ahead for the Muslim side?

Ever since the Varanasi Civil Court passed an order to allow the videography and survey of the disputed Gyanvapi structure, the Muslim side has been opposing the move. It was for Senior Counsel Huzefa Ahmadi to submit a plea opposing the survey inside the structure. The request for an urgent hearing in the matter was quashed by CJ Ramana.

The Supreme Court will now hear on Tuesday, May 17, the petition to ban the Gyanvapi Masjid survey. On the orders of the Varanasi Court, the survey of Gyanvapi Masjid started on Saturday and has been completed today. Since the survey of the disputed structure has already been completed, it would be interesting to see what order comes from the Supreme Court.

According to sources, the Anjuman Intejamia Committee may likely demand a stay from making public the investigation report of the 52-member committee constituted by the Varanasi Court headed by the Advocate Commissioner.

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OpIndia Staff
OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

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