SC Allows ASI To Conduct ‘Scientific And Non-Invasive’ Survey Of Gyanvapi Mosque

By OB Bureau On Aug 4, 2023

New Delhi: The Supreme Court on Friday allowed the Archaeological Survey of India (ASI) to conduct a scientific survey at the Gyanvapi mosque complex in Varanasi. However, it refused the Muslim side’s demand to keep the report of that survey in a sealed cover. The SC bench, headed by Chief Justice of India DY Chandrachud, said: “Having regard to nature and ambit of the court-appointed commissioner and safeguards placed by the HC, we’re unable to interfere with the order.”

The top court said non-invasive techniques will be used during the survey of the 17th-century mosque.

Earlier, the SC refused to stay the HC order allowing the survey that is being conducted to determine if the historic mosque was built upon a pre-existing temple.

A bench comprising CJI Chandrachud and Justices JB Pardiwala and Manoj Misra asked the ASI not to take recourse to any invasive act during the survey. It 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. Mehta took the court through how the ASI survey will be conducted.

The CJI, while announcing the order, said the HC has recorded the statement of the additional director-general of ASI and additional solicitor general appearing for the central government, that no excavation will take place. “In this backdrop that the HC observed, that since the department of archaeology had expressed that no damage will be caused, the survey could be carried out,” he said.

“The frame of the plaint indicates that as per the plaintiff both before and after 1947 there was continuous religious worship… and that the ASI’s job was to maintain such properties and, thus, there shall be no such damage. The order of trial judge was set aside in first appeal… it was argued that such an ASI survey order was set aside by HC on appeal,” he said.