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Supreme Court refuses to stay the survey of disputed structure of Gyanvapi Mosque, CJI to first read the case file before passing order

Senior Advocate Huzefa Ahmadi had mentioned before CJI to order status quo in Gyanvapi Mosque survey, but the CJI said he can’t pass order without reading the case file first

The matter of survey at the disputed structure of Gyanvapi in Varanasi has reached the Supreme Court. After a Varanasi court dismissed a petition by the Muslim side to stop the survey and ordered to complete videography of the structure by 17th May, now a petition has been filed in the Supreme Court of India seeking a stay on the survey. The petitioner mentioned the case in court on Friday 13th May 2022, where the petitioner sought an order from the court to hear the matter expeditiously and maintain the status quo. However, the apex court refused to pass an immediate order, saying that they would first look into the case file.

Seeking an urgent intervention from Chief Justice of India NV Ramana, senior advocate Huzefa Ahmadi pleaded for a status quo in the case pending before the Varanasi civil court. It is notable that on Thursday 12th May 2022, the Varanasi civil court directed a day-to-day survey of a mosque to inspect, conduct videography and collect evidence regarding the existence of Hindu deities inside the mosque located next to the Kashi Vishwanath Temple.

Ahmadi submitted, “A survey has been directed in relation to the Varanasi property. This is 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 time immemorial.” The advocate requested the apex court to order a status quo, but the bench refused to do so without going through the matter.

The Chief Justice of India responded, “We have not seen the papers. We don’t even know what is the matter. I don’t know anything, and how can I pass an order? I will read and then pass orders. Let me see.”

The Varanasi court on Thursday rejected the plea to change the court-appointed advocate commissioner Ajay Kumar Mishra for conducting a video survey of the Gyanvapi-Shringar Gauri complex and also ordered the completion of the survey task by May 17.

Earlier on May 6, the committee of Gyanvapi Mosque in Varanasi had said that it won’t allow videography inside the mosque, as ordered by a court. S M Yasin, joint secretary of Anjuman Intejamiya Masjid Managing Committee, had stated that no ‘non-believer’ would be allowed to enter the mosque. “The survey and videography should be restricted to the Kashi Vishwanath temple premises”, he had said.

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