Gyanvapi-Kashi Vishwanath case: Muslim party moves Allahabad High Court against Varanasi court order for ASI survey

A plea was filed before the Allahabad High Court on Tuesday challenging the Varanasi court order allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises, excluding the area previously sealed by the Supreme Court (wuzukhana or an ablution pond)..The plea was moved by the Muslim parties to the case a day after the Supreme Court on Monday stayed the Varanasi court order till July 26. On July 21, Varanasi district court judge AK Vishwesha had allowed the ASI survey.However, the Supreme Court of India on July 24 ordered status quo to be maintained until Wednesday (July 26), 5 PM, after the Muslim side moved the top court against the same.A Supreme Court bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra had noted that the District Judge order allowing the survey was passed at 4:30 pm on Friday.Therefore, in order to grant the Muslim side sufficient time to approach the Allahabad High Court to challenge the survey order, the top court directed that the district court's order should not be implemented until July 26.."We are of the view that some ‘breathing time’ must be granted to the petitioners to move the High Court for pursuing their remedies. We direct that the impugned order of the District Court shall not be enforced until 5 pm on 26 July 2023," the top court had said..The matter concerns disputed claims over whether a structure found on the premises of the Gyanvapi mosque during a survey is a Shiva Linga, as claimed by the Hindu parties in the case. .Earlier, on October 14 last year, the district court had passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain.However, the Allahabad High Court on May 12 held that a scientific investigation can be done to ascertain whether the object was a Shiva Linga or a fountain, without damaging the object.Days later, the Supreme Court temporarily deferred the High Court's direction while seeking the responses of the Central and Uttar Pradesh governments to the appeal filed by a Muslim party challenging such a direction. This matter is presently pending before the top court.However, the District Court on July 21 ordered an ASI survey of the mosque premises leading to the present plea.