The Supreme Court rejected to immediately halt the survey of Varanasi's Gyanvapi Mosque on Friday, saying the matter would be handled later
Senior advocate Huzefa Ahmadi requested an urgent intervention from Chief Justice of India (CJI) NV Ramana in the case pending before the Varanasi civil court, which on Thursday ordered a day-to-day survey of a mosque to inspect, conduct videography, and collect evidenceregarding the alleged existence of Hindu deities inside the mosque located next to the Kashi Vishwanath Temple.
"In relation to the Varanasi property, a survey has been directed." The Act on Places of Worship covers this.The court has now ordered a survey to be conducted by a court commissioner.
"There has always been a mosque," Ahmadi stated.
The senior lawyer representing the Anjuman Intezamia Masjid Committee, which operates the Gyanvapi mosque, pushed for a status quo order.
"We have not seen the papers," the CJI responded. We have no idea what is going on. How can I pass an order if I don't know anything? Let me see...I'll read and then pass orders."
The women requested year-round access to a shrine beyond the mosque complex's western wall, where they could pray. Currently, the location is only open for prayers once a year.
Permission to pray to other "visible and invisible deities within the old templecomplex" is also sought by the women
Anjuman Intezamia Masajid Committee filed a civil court petition to have the advocate commissioner removed.
The civil court has ordered a complete survey of the Gyanvapi Mosque complex, rejecting the mosque management's demands to confine the investigation to specific areas of the precincts and dismiss the current surveyor.
The judge kept Mishra as the advocate commissioner, who was appointed last month to conduct the survey, while also adding two more lawyers, Vishal Singh and Ajay Pratap Singh, to the commission, which will inspect, conduct videography, and collect evidence about the alleged existence of Hindu deities.
Mishra and Vishal Singh were given the task of conducting the survey.
The civil judge stressed in his decisionthat the advocate commissioners will have the power to gather evidence from any portion of the mosque complex and that no one will be hindered in their efforts.
The court held the Varanasi district magistrate and police commissioner personally responsible, ordering the districtadministration and police to cooperatefully with the advocate commissionersand conduct the survey as soon as feasible.
It was ordered that district administrators and police be given the authority tobreak any lock if necessary.
"If somebody interferes with the court commissioners' work, the district administration must file a first information report (FIR) and take appropriate action."
The court commissioner's exercise shall not be halted under any circumstances," the court order stated, requesting the commission's report by May 17.
The civil judge further chastised the Varanasi district administration for failingto follow the court's ruling to the letterand spirit.
It went on to say that if the district administration had cooperated fully, the survey would have been completed by now.