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Supreme Court Seeks Gyanvapi Mosque Committee's Response on ASI Survey Plea

Writer's picture: Legal Soch FoundationLegal Soch Foundation
2 min read

The Supreme Court on Friday sought the response of the Committee of Management, Anjuman Intezemia Masajid, regarding a plea by Hindu worshippers for an Archaeological Survey of India (ASI) examination of the sealed section of the Gyanvapi mosque, where a 'shivling' was allegedly discovered.


A bench comprising Justices Surya Kant and Ujjal Bhuyan issued a notice to the mosque's managing committee on the application. Representing the Hindu worshippers, Senior Advocate Shyam Divan, assisted by Advocate Vishnu Shankar Jain, informed the court about a pending application seeking the consolidation and transfer of all related suits from the Varanasi District Court to the Allahabad High Court. However, the application was not listed for the day’s proceedings.


Senior Advocate Huzefa Ahmadi, appearing for the Mosque Committee, emphasized the urgency of addressing their Special Leave Petition (SLP), which challenges the maintainability of the suits under the Places of Worship (Special Provisions) Act, 1991. The committee had previously filed the SLP after the Allahabad High Court dismissed its petition under Order 7 Rule 11 of the Civil Procedure Code to reject the suits. Ahmadi also mentioned another SLP challenging the High Court’s approval of an ASI survey, which remains pending.


Both parties agreed that all matters should be consolidated and decided together, prioritizing the maintainability issue under the Places of Worship Act. The bench scheduled all related matters for December 17.


Justice Surya Kant suggested that the consolidation of cases might be more appropriate at the district court level, preserving the High Court as an appellate forum.


Previously, the Supreme Court had sealed the wuzukhana area of the mosque in 2022 and permitted non-invasive ASI surveys in 2023. In April 2024, the Court ordered status quo on the performance of namaz and Hindu rituals at specific mosque sections.


Case Title:

Committee of Management Anjuman Intezemia Masajid Varanasi vs. Rakhi Singh & Ors.

*SLP(C) No. 9388/2022*




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