Gyanvapi case: SC permits ASI's scientific survey, refuses to stay HC order

The Supreme Court on Friday (August 4) refused to stay the Allahabad High Court order allowing the the Archaeological Survey of India (ASI) to conduct a scientific survey at the Gyanvapi mosque complex to determine if the 17th-century structure was built upon a pre-existing temple.

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra asked the ASI not to take recourse to any invasive act during the survey. The bench took note of the submissions of Solicitor General Tushar Mehta, appearing for the ASI and the Uttar Pradesh government, that no excavation will be carried out during the survey nor any destruction caused to the structure.

Earlier: Muslim body Anjuman Intezamia Masjid Committee told the Supreme Court on Friday the ASI survey at the Gyanvapi mosque intends to go into history and will “reopen wounds of past”.

Senior advocate Huzefa Ahmadi, appearing for the mosque management committee, contended that the exercise by the Archaeological Survey of India (ASI) is “digging into history”, violating the Places of Worship Act and impinging upon fraternity and secularism.

Also read: Gyanvapi mosque: ASI team starts work on scientific survey in Varanasi

“You can’t oppose every interlocutory order on same ground and your objections will be decided during the course of hearing,” said the bench, also comprising Justices JB Pardiwala and Manoj Misra. “The ASI survey intends to go into the history as to what happened 500 years ago. It would reopen wounds of past,” Ahmadi said voicing displeasure over the survey ordered by the Allahabad High Court.

During the hearing, which is underway, Ahmadi said the survey violates the Places of Worship (special provisions) Act, 1991 which prohibited change of character of religious places as they existed in 1947.

The apex court is hearing a plea by the mosque committee against the Allahabad High Court order permitting an ASI survey at the Gyanvapi mosque. The high court had on Thursday dismissed a petition filed by the Gyanvapi committee challenging a district court order directing the ASI to conduct the survey to determine if the mosque was built upon a pre-existing temple.

(With agency inputs)