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Supreme Court today relied on the High Court's order passed on August 3, 2023, wherein it has been recorded that the ASI was called upon to assist it and in pursuance of the directions, the Additional Director General, ASI filed an affidavit setting out the nature of the proposed survey that would be carried out.
A CJI DY Chandrachud led bench of the Supreme Court of India has refused to stay the survey being carried out at the disputed Gyanvapi site by the Archeological Survey of India (ASI).
Noting that before the Allahabad High Court, ASI had clarified that no excavation will be carried out and no destruction to any structure shall happen, the bench also comprising Justices JB Pardiwala and Manoj Misra went on to observe,
"We also order and direct that the entire process shall be conducted through non-invasive technology. There shall be no excavation at the site. The report of the ASI shall be remitted to the trial court and thereafter abide by the directions of the district judge."
Top Court went on to add that the evidentiary value of the report of the ASI shall be tested during cross examination and the impugned order of the District Judge, Varanasi passed under Order 26 Rule 9 of CPC could not be considered to be without jurisdiction at this stage.
Yesterday, the Anjuman Intezamia Mosque Committee had approached the Supreme Court of India challenging the Allahabad High Court's refusal to interfere with the order of the Varanasi Court passed on July 21 directing the Archeological Survey of India (ASI) to conduct a survey of Gyanvapi without causing any damage.
On July 24, the Supreme Court had stayed the Varanasi District Court order allowing the plea moved by four Hindu worshippers seeking a survey of the entire Gyanvapi premises except for the Wazukhana area by ASI.
"Having regard to the fact that order of district court was passed on Friday July 21, at 4:30 PM, we think that some breathing period should be allowed to the petitioners. We therefore direct that the district court's order SHALL NOT BE ENFORCED TILL JULY 26, 2023 5PM.", a bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra had ordered.
The top court had asked the mosque committee to approach the High Court after hearing Senior Advocate Huzefa Ahmadi, who had questioned the haste for the survey.
Before the Allahabad High Court, Senior Counsel SFA Naqvi representing the Masjid Committee, had submitted that if a survey of Gyanvapi is conducted by ASI, as ordered by the Varanasi District Court, damage will be caused to the building.
He had further contended that the application moved by the Hindu worshippers was at a premature stage as pleadings are yet to complete in the main suit.
High Court's bench of Chief Justice Pritinker Diwaker had gone on to reserve its judgment in the Mosque committee's plea on July 27.
Background:
The impugned order of the district court was passed in an application filed in the suit pending before the local court for year-round permission to worship Hindu gods inside Gyanvapi.
Notably, the Allahabad High Court has already allowed an ASI survey/ scientific survey of the alleged Shivlingam found at Gyanvapi for evaluation of its age.
A Shivlingam-like structure was found inside the Wazookhana of the Gyanavpi complex on May 16, 2022, during a survey by the court-appointed commission. It is the Hindu plaintiffs' claim that the structure found inside the Wazookhana of the mosque complex is a Shivalingam, however, the claim is contested by the Muslim side who argue that it is actually a non-functioning old fountain.
Case Title: Committee of Management Anjuman Intezemia Masajid Varanasi vs. Rakhi Singh and Others
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