The Supreme Court on Friday declined to stay the scientific survey by the Archeological Survey of India (ASI) of the Gyanvapi mosque premises, reported Live Law.
The top court bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra held that the survey needs to be carried out by “non-invasive” means.
“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 order read.
Rejecting the plea challenging the survey, the top court bench said that the High Court order for survey does not warrant interference by the apex court at this stage and such a survey was conducted in the Ayodhya case as well.
“The district judge has ordered scientific investigation by ASI. The High Court has found no reason to interfere having set out the legal position while dealing with an interlocutory order of this nature. High Court has introduced certain safeguards. Having regard to nature and ambit of court appointed commission we are unable to differ with the High Court,” the apex court said.
“We order and direct that entire ASI survey shall be completed by non invasive methodology adopted by the ASI. We reiterate High Court order that there shall be no excavation at the site. The ASI survey report shall be remitted back to the High Court and be taken up for trial in the suit,” the order said, as quoted by Bar and Bench.
The court added that the ASI report should be submitted in sealed cover.
On Thursday, the Allahabad High Court dismissed the Gyanvapi mosque committee’s challenge to the order of a Varanasi court asking for a “scientific investigation/ survey/ excavation” of the premises, saying “scientific survey is necessary in the interest of justice”.
The Gyanvapi mosque stands adjacent to the Kashi Vishwanath Temple in Varanasi, Uttar Pradesh.
According to historical records that are available, the mosque was built in the 17th century on the orders of the Mughal emperor Aurangzeb after destroying the original Kashi Vishwanath Temple. The present temple was built next to the mosque by the orders of Queen Ahilya Bai Holkar in the late 18th century.
Although contested over the years, the matter gained momentum over at least last five years after five Hindu women sought the right to worship Maa Shrinagar Gauri on the outer wall of the mosque complex.