Supreme Court of India has refused to halt the Archaeological Survey of India (ASI) from conducting a survey of the Gyanvapi Mosque in Varanasi. The court took into account the undertaking made by the ASI, assuring that no excavation or damage would be caused to the structure during the survey. The survey will be carried out through "non-invasive" methods, as directed by the court.
The petition challenging the Allahabad High Court's order permitting the ASI survey, filed by the Anjuman Intezamia Masjid Committee, has been disposed of by the apex court. The court clarified that the ASI's report will be presented to the trial court and will be subject to further directions issued by the District Judge.
During the hearing, the issue of the survey's compatibility with the Places of Worship (Special Provisions) Act, 1991, was raised by the petitioners' counsel. The Chief Justice of India, DY Chandrachud, assured that this issue would be considered when hearing the main matter regarding the suit's maintainability. The court emphasized that the survey's evidentiary value would be determined during the final hearing.
The Solicitor General of India, Mr. Tushar Mehta, pledged that no excavation would be carried out, and the ASI would adhere to its stance presented before the High Court.
The court's decision to allow the ASI survey has been met with mixed reactions. The petitioners' counsel argued that the process violates the Places of Worship Act's spirit, which aims to prohibit revisiting historical disputes. However, the court maintained that an ad-interim order appointing a commissioner is within the civil court's power, even when the suit's maintainability is questioned.
The ASI survey is expected to provide valuable expert evidence to assist the court in determining the religious character of the structure, which is crucial to the ongoing legal dispute. The court emphasized that the survey would not prejudice the parties' rights and would be subject to objections and cross-examination during the suit's proceedings.
The decision comes amid controversy surrounding a statement made by the Uttar Pradesh Chief Minister Yogi Adityanath while the matter was pending. The court has taken note of the statement and expressed concern over the state's neutrality and non-partisanship in such matters.
The Gyanvapi Mosque is steeped in historical significance, and the ASI survey aims to shed light on the structure's past, taking into account various archaeological findings. The court has assured that the survey will be conducted with utmost care and respect for the site's religious sentiments, preserving its integrity and sanctity.
The court will continue to deliberate on the issue of maintainability and other objections raised during the main hearing of the suit. The matter remains subject to further judicial scrutiny, and the court will be vigilant in safeguarding the structure and upholding the principles of secularism and fraternity.
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