The Supreme Court has repudiated to interfere with a order by Allahabad High Court that permits Archaeological Survey of India (ASI) for conducting a scientific survey of the Gyanvapi mosque premises.
A bench comprising of Chief Justice of India (CJI) DY Chandrachud,Justice JB Pardiwala and Justice Manoj Misra have rejected the plea by Muslim party that had challenged the order by the High Court on the survey.
The Top Court added that the order by the High Court does not warrant interference by the Apex court at this stage.
The top Court also added that this is not the first case as similar survey was conducted in Ayodhya case also.
The Apex Court added that the district judge had ordered for 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 Court also considered the assurance by the ASI about making sure that no excavation or destruction of property takes place.
The Court, therefore, ordered that ASI conducts the survey by employing non-invasive methodology. The Court also directed that there should be no excavation at the site.
The order stated that it is been directed that entire ASI survey is to be completed by non invasive methodology adopted by the ASI.
The Court also reiterate High Court order that there shall be no excavation at the site. It added that the ASI survey report shall be remitted back to the High Court and be taken up for trial in the suit.
The Court asked for ASI report to be in sealed cover,while turning down the argument of the Muslim party that the plea is frivolous.
Senior Counsel Huzefa Ahmadi submitted on behalf of Muslim party asked if someone now comes and files a frivolous plea saying that there is a monument below this structure.. will there be a order for ASI survey.
CJI DY Chandrachud concluded his point by stating that what is frivolous to you is faith to other side.