Gyanvapi temple case: Supreme Court allows ASI survey of disputed structure without excavation or damage; asks ASI to follow ‘non-invasive’ process

Gyanvapi
File photo: Original Kashi Vishwanath temple

August 4, 2023

The Supreme Court on Friday refused to halt the Archaeological Survey of India (ASI) survey of  the disputed Gyanvapi structure. Taking on record an undertaking made on behalf of the ASI that no excavation will be done at the site and no damage will be caused to the structure, the apex court allowed the survey to take place.

Accordingly, a bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra rejected the Muslim side’s plea challenging the survey and said that the Allahabad High Court order for survey does not warrant interference by the top court.

“The district judge has ordered 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 top court said.

“High Court was correct in our view to introduce some directions to circumscribe the order of the district judge. The ASI has clarified that there is neither excavation nor there would be destruction of property,” the apex court added.

The top court ordered that ASI conducts the survey by employing non-invasive methodology. “We order and direct that entire ASI survey shall be completed by non invasive methodology adopted by the ASI. We reiterate High Court order that there shall be no excavation at the site. The ASI survey report shall be remitted back to the High Court and be taken up for trial in the suit,” the order said.

The ASI report should be in sealed cover, the court added.

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