Keywords: Special leave petition, survey, Gyanvapi mosque, shivaling Article 227 of the Indian Constitution .
On Friday 21 July 2023 the district court passed order which permitted the survey/excavation of the site. Mr. Huzefa Ahmadi, senior counsel appearing on behalf of the petitioner in the Special Leave Petition ( the mosque committee) submitted that the order has left no time for the petitioner to seeks remedy in the High court and the survey team has already reached the site in morning on 24th July 2023. The petitioners further stated that the order of the district court is against the previous order of supreme court which has withheld the investigation of Gyanvapi mosque. The Senior Advocate Shyam Divan appearing on behalf of respondents stated that the order which is withheld is relating to the investigation of the area where the “shivaling” was found. However the said order is not considering that part for the survey.
The Supreme Court consisting of A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra stated that the Petitioners have the liberty to move to the High Court under Article 227 of the Constitution of India and provisions under CPC 1908.It further passed an order directing to stay the order of the District Court.
Name: Manaswini Datar, University: Karnataka State Law University, Semester: 8th
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