The Supreme Court, while refusing to stay the Allahabad High Court's Order allowing a scientific survey in the Gyanvapi mosque, also directed the Archaeological Survey of India to not take recourse to any invasive act during the survey.
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THE Supreme Court today refused to interfere with the Allahabad High Court's Order allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises.
A three-judge Bench comprising Chief Justice of India (CJI) D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Mishra was hearing an appeal filed by Anjuman Intezamia Masjid Committee, which manages the affairs of the Gyanvapi mosque.
The committee had challenged the high court's Order upholding the direction of the Varanasi trial court permitting the survey.
The Bench also clarified that the ASI would use a non-invasive method to carry out the survey and that there should be no excavation or damage to the walls or structure of the mosque.
Senior advocate Huzefa Ahmadi, for the Masjid committee, questioned the purpose of the survey.
He contended that the process was barred by The Places of Worship (Special Provisions) Act, 1991.
Ahmadi also submitted that the survey impinged upon the fraternity and secularism of India, and the statement of objects of the Act.
However, an unconvinced CJI remarked that only an interlocutory Order appointing a commissioner had been passed, and there was no reason for the court to interfere.
The CJI also pointed out that it was acting as per the discretion afforded to it under Article 136 of the Indian Constitution.
The CJI also added that the court is open to all issues regarding maintainability and objections to commission evidence.
The CJI also told Ahmadi to treat it like any other suit. Ahmadi was quick to submit that the present suit has the propensity to open historical wounds.
He reiterated that a survey should not be allowed when there are doubts about the maintainability of the suit.
Justice Pardiwala, on his part, observed that the survey is going to be in the form of a report.
"If tomorrow you succeed in getting the plaint rejected, this survey will be nothing but a piece of paper," Justice Pardiwala told Ahmadi.
Ahmadi also brought to the notice of the Bench a statement made by Yogi Adityanath, chief minister of Uttar Pradesh, where the dispute lies, on Gyanvapi mosque issue while the matter is still sub-judice.
Senior advocate Madhavi Divan, for the original plaintiffs, submitted that the survey is like expert evidence and would be beneficial to all parties.
Divan also added that since Order 26 of the Code of Civil Procedure has been invoked to conduct the survey, its purpose is clearly to assist the court in deciding the suit.