The Supreme Court in New Delhi has declined to halt the scientific survey at the Gyanvapi mosque complex, as ordered by the Allahabad High Court. The survey aims to determine whether the 17th century structure was built on top of a pre-existing temple. The Muslim side argued that the survey would reopen old wounds. However, the court instructed the Archaeological Survey of India (ASI) to refrain from any invasive actions during the survey. The ASI and the Uttar Pradesh government assured that no excavation or damage would occur to the structure. They clarified that the entire survey would be conducted without excavation or destruction.
The court stated that the order of the trial judge, made under Order 26 Rule 10A of the Civil Procedure Code, cannot be presumed to lack jurisdiction at this stage. The court emphasized that the evidentiary value of the ASI survey can be tested during the lawsuit and is subject to objections and cross-examination. Therefore, the ASI report alone does not determine the disputed matters. The court agreed with the High Court’s view regarding the Court-appointed commissioners involved in the survey.
The Supreme Court directed that the survey should be carried out using non-invasive methods. The ASI’s report will be submitted to the trial court, and the district judge will make a decision based on it.
During the hearing, the Anjuman Intezamia Masjid committee, representing the mosque, expressed concerns that the ASI survey would delve into history and reopen old wounds. They argued that it violated the Places of Worship Act and impacted fraternity and secularism. The court informed them that their objections would be addressed during the course of the hearing, and they should not oppose every interlocutory order on the same grounds.
