In a significant development, the Supreme Court on Monday stayed the Varanasi district court’s order until July 26, directing the Archaeological Survey of India (ASI) to conduct a scientific excavation of the Gyanvapi mosque complex.

The purpose of this excavation was to ascertain whether the historic mosque was built over the remains of a pre-existing Hindu temple, adding to the long-standing dispute.

The district court’s order, issued last Friday, triggered controversy and raised tensions in the region. The Supreme Court bench, headed by Chief Justice DY Chandrachud, took cognizance of the matter and directed that no invasive work be undertaken by the ASI until the issue is heard in-depth. The court also decided to hear a plea presented by the mosque committee concerning the matter.

During the court proceedings, senior advocate Huzefa Ahmadi represented the mosque committee, stressing the urgency of the case. The court acknowledged the sensitivity of the issue and sought to ensure that all parties involved have an opportunity to present their arguments thoroughly.

Solicitor General Tushar Mehta, representing the Uttar Pradesh Government, was instructed by the court to inform the ASI team that no excavation or invasive work should be carried out at the Gyanvapi mosque complex until further orders. The bench emphasised that preserving the status quo was vital to avoid any potential damage to the site and to maintain peace in the region.

“We will hear the plea at 2 pm,” the bench stated, underlining the court’s commitment to addressing the matter promptly. In response to the court’s instructions, Mehta assured the bench that no excavation work was planned for at least a week. 

He clarified that the ASI was currently focused on non-invasive activities, such as photography and measurements, to gather necessary data.

The court further expressed its willingness to grant ample time to the mosque management committee to challenge the district court’s order before the Allahabad High Court. Until then, the Supreme Court firmly directed that no excavation would take place, awaiting further updates on ASI’s activities.

This legal battle revolves around the history and significance of the Gyanvapi mosque, situated adjacent to the revered Kashi Vishwanath temple in Varanasi. The dispute centers on claims made by some Hindu litigants that the mosque was constructed on the site of an ancient Hindu temple.

The court also made it clear that the “wazookhana” (a small reservoir for Muslim devotees to perform ritual ablutions) within the mosque complex, which contains a structure claimed by Hindu litigants to be a “Shivling,” would not be included in the ASI’s survey. This decision comes as a result of a prior Supreme Court order protecting the spot from investigation.

District Judge AK Vishvesh, who issued the initial order, has instructed the ASI to furnish a comprehensive report by August 4. The report is expected to include video clips and photographs of the survey proceedings.