Supreme Court refuses to stay ASI survey on Gyanvapi mosque | India News

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On Friday, the Supreme Court refused to stay the scientific survey of Gyanvapi mosque complex in Varanasi.

SC allows Gyanvapi mosque ASI survey. (Image: ANI)

The Supreme Court on Friday refused to stay the scientific survey of the Gyanvapi mosque complex in Varanasi, dismissing the Anjuman Intezamia Masjid Committee’s plea challenging the Allahabad HC order.

Chief Justice of India DY Chandrachud supported the decision of the Allahabad HC and said, “The court must notice that the district judge while acting as a trial judge exercised his discretion under Order 26 Rule 10A. The HC has found no reason to interfere having set out the legal position.”

The top court further stated that ASI has clarified that the entire survey would be completed without any excavation and without causing any damage to the structure.

The CJI added, “The High Court was correct in introducing certain specific directions to circumscribe the nature of order passed by the district judge… ASI clarified that it’s neither carrying excavation or destruction.”

The Supreme Court bench further directed that the ASI survey will be conducted with a non-invasive methodology and added, “While recording the statement of SG that there will be no excavation, we order that the entire process shall be concluded with non-invasive methodology. We reiterate the direction of HC that there shall be no excavation.”

Advocate Vishnu Shankar Jain, representing the Hindu side in the Gyanvapi survey case, said the Varanasi district court will decide if the expert opinion would be considered as a piece of evidence or not. He said, “After the survey is done, the trial court will decide if this expert opinion should be considered as evidence or not. This survey will play a crucial role in paving the course of this case. What we are saying is that this structure was not constructed during Aurangzeb’s reign but was constructed way before that, and even today our visible and invisible deities are present over there. Everythig will be clear after the survey.”
He added, “The Supreme Court has not specified a date for the report to be submitted, but our application is already filed in the district court, asking for 15 more days by when the Varanasi district court will pronounce its order.” When asked about the time ASI will take to complete the survey, Jain said, “Tentatively, it should be completed by 15-20 days.”

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