Rap on knuckles
In a significant rebuke to creeping gubernatorial arrogance, the Supreme Court has finally placed a constitutional mirror before the conduct of some of India’s Governors.
The Anjuman Intezamia Masjid Committee that manages the Gyanvapi mosque in Varanasi on Thursday approached the Supreme Court against Allahabad High Court order upholding the District court order directing scientific survey of the mosque complex by the Archaeological Survey of India (ASI).
The Chief Justice D Y Chandrachud heading a five-judge constitution bench hearing challenge to the abrogation of Article 370 of the constitution said “will list the petition” following a mentioning by a lawyer as the bench was rising for the day.
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Article 370 that was scrapped on August 5, 2019, conferred special status to the esthetical State of Jammu and Kashmir.
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Allahabad High Court on Thursday morning dismissed the plea by the Anjuman Intezamia Masjid Committee challenging the Varanasi court order asking the ASI to conduct a scientific survey of the Gyanvapi mosque premises located adjacent to Kashi Vishwanath temple in Varanasi.
The Allahabad High Court Chief Justice Pritinker Diwaker in the order said that scientific survey is important in the interest of justice.
After the High Court order, a litigant in the Gyanvapi mosque case, favouring the survey by the ASI, filed a caveat in the Supreme Court seeking to be heard before any order is passed in the petition by the Anjuman Intezamia Masjid Committee against the High Court order.
A caveat is filed by a litigant to ensure that no adverse order is passed against him or her without being heard.
Earlier on July 24 the Supreme Court had halted till July 26, 05.00 pm, the Varanasi district court order directing the ASI to undertake a survey of the Gyanvapi mosque complex including excavation.
Stopping the survey by the ASI of the mosque complex, the top court had asked the Anjuman Intezamia Masjid Committee to approach the Allahabad High Court against the district court’s order.
On July 21, Varanasi district judge A.K. Vishvesha ordered the ASI survey of Gyanvapi complex on an application moved by four Hindu women on May 16, 2023.
The order of the district judge, however, excluded the ablution pond area of the complex, which has been sealed on the order of the top court.
On May 12, 2023, the Allahabad High Court had allowed the scientific survey of this purported “shivling” but the top court stayed it on May 19.
The High Court on May 12 set aside the Varanasi District judge order which had rejected the application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022.
The High Court had directed the Varanasi District judge to proceed, in accordance with law, on the application by the Hindu worshippers for conducting a scientific probe of the “Shivling”.
Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the lower court order.
During the survey, a structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16 , 2022, during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.
Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the lower court order.
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