Supreme Court upholds Allahabad High Court's decision on ASI survey of Gyanvapi Mosque premises

The Supreme Court on Friday refused to interfere with the Allahabad High Court allowing the Archaeological Survey of India (ASI) to carry out a scientific survey of the Gyanvapi Mosque premises.

A bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed a plea by a Muslim party challenging the survey, saying that the Supreme Court's order for a survey did not warrant intervention by the apex court at this stage and such a survey was also conducted in the Ayodhya case.

"The District Judge ordered a scientific inquiry by the ASI. The High Court did not find any reason to interfere while defining the legal position while dealing with an interim measure of this nature. The High Court put in place certain safeguards. Having regard to the nature and scope of the court-appointed commission, we cannot differ from the High Court court," said the Supreme Court.

The court further took note of the ASI's assurance that there would be no excavation or destruction of property.

"The High Court, in our opinion, was right in imposing some directions to curtail the order of the District Magistrate. The ASI has clarified that there is neither excavation nor destruction of property," the High Court said. The court, therefore, ordered that ASI surveys use non-invasive methodology. The court also ordered that no excavation work should take place at the site.

"We direct and direct that the entire survey by ASI be completed using the non-invasive methodology adopted by ASI. We reiterate the Supreme Court order that no excavation shall be carried out at the site. The ASI survey report will be sent back to the High Court." and be taken to court in a suit,” the order said. The ASI report should be in a sealed envelope, the Court of Auditors added. The court also rejected the Muslim party's argument that the plea was without merit.

"If someone now comes and makes a frivolous plea that there is a memorial under this structure... you will order an ASI survey," senior lawyer Huzefa Ahmadi said on behalf of the Muslim party.