SC refuses to stay ASI survey of Gyanvapi Mosque and directs them to use non-invasive processes to prevent excavation

Today, 04 August 2023, the Supreme Court (SC) of India was hearing a plea filed by the Anjuman Intezamia Masjid Committee challenging the August 03, 2023 decision of the Allahabad High Court permitting the ASI survey of the Gyanvapi Mosque. The matter was mentioned before Chief Justice of India DY Chandrachud, Justice Manoj Misra, and Justice JB Pardiwala. The SC bench refused to stop the survey on the basis of an undertaking (on behalf of ASI) stating no excavation will be performed and no damage will be caused to the structure. The order reads, “It is clarified on behalf of the ASI by Solicitor General of India Mr. Tushar Mehta that as a matter of fact, the entire survey will be completed without any excavation at the site and without causing any destruction to the structure.” The bench further noted that “The order of the learned trial judge passed under Order 26 Rule 10A of the CPC cannot be prima facie at this stage to be said as without jurisdiction.” It was also observed, “Having regard to the nature and ambit of a Court-appointed commissioners we are unable to differ with the view of the High Court, particularly in the jurisdiction under Article 136.” While dismissing the plea, the SC bench directed the ASI to perform the survey using ‘non-invasive’ methods so that no damage is caused to the structure.

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