SC seeks Muslim side's reply on ASI survey of Gyanvapi Mosque’s sealed area in 2 weeks

The Supreme Court, on Friday, issued a notice to the Muslim side in the Gyanvapi dispute, directing them to file a reply within two weeks regarding a petition filed by Hindu worshippers. The petition demands that the Archaeological Survey of India (ASI) be allowed to conduct a survey of the sealed wuzukhana area in the Gyanvapi mosque complex, where a ‘shivling’ was claimed to have been found during a court-mandated survey in 2022. The bench, consisting of Justices Suryakant and Ujjal Bhuiyan, is hearing the matter.

The petitioners representing the Hindu side have expressed concern about the ongoing cases being heard across multiple courts in Varanasi. The Hindu side’s counsel pointed out that some petitions are before the District Judge, while others are before the Civil Judge, leading to conflicting orders on the same issues. “Different orders are coming from different courts on the same case,” said the counsel. Consequently, they requested that all 15 related petitions be consolidated and transferred to a three-judge bench at the Allahabad High Court to avoid conflicting rulings and ensure consistent judicial oversight.

Senior Advocate Huzefa Ahmadi, representing the Gyanvapi mosque management committee, opposed the petition for an ASI survey, citing the pending Special Leave Petition (SLP) challenging the maintainability of the suits under the Places of Worship (Special Provisions) Act, 1991. This law prohibits the alteration of the religious character of places of worship as they existed on August 15, 1947. “The decision on the SLP should be prioritized before any further proceedings,” Ahmadi argued, emphasizing that the challenge to the maintainability of the suits needs to be resolved before the survey issue could be addressed.

The Supreme Court also discussed the possibility of consolidating the related petitions at the District Court level, which would then allow the High Court to function as an appellate forum. Justice Suryakant suggested that the parties consider this approach, stating, “Think over if the matters could be consolidated before the District Court itself.” This would streamline the legal process and ensure uniformity in rulings, especially considering the high volume of cases and the complexity of the dispute.

The Gyanvapi case has been marked by multiple legal and procedural developments. In 2022, the Supreme Court transferred the case from the Varanasi Civil Court to the District Court, ordering the sealing of the wuzukhana area, where the ‘shivling’ was said to have been found during a survey by a court-appointed advocate commissioner. In 2023, the Supreme Court allowed a non-invasive ASI survey of the mosque, excluding the sealed wuzukhana. This order was seen as a significant step in resolving the dispute while preserving the status quo. In April 2024, the Supreme Court extended its order to maintain the status quo, permitting namaz to be offered at the mosque and Hindu rituals to be performed in the adjacent tehkhana (cellar), where a separate issue regarding idols is being debated.