SC Refuses To Stay HC Order, Allows Scientific Survey At Gyanvapi Mosque

New Delhi: In a huge relief to the Hindu side, the Supreme Court on Friday refused to stay the Allahabad High Court order allowing the Archaeological Survey of India (ASI) to conduct a scientific survey at the Gyanvapi mosque complex to determine if the 17th-century structure was built upon a pre-existing temple. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra asked the ASI not to take recourse to any invasive act during the survey.

The bench took note of the submissions of Solicitor General Tushar Mehta, appearing for the ASI and the Uttar Pradesh government, that no excavation will be carried out during the survey nor any destruction caused to the structure.

A Varanasi court on Friday granted additional four weeks to the Archaeological Survey of India (ASI) for completing the scientific survey on the Gyanvapi mosque that stands next to the Kashi Vishwanath temple here.

Hearing a plea by the ASI, District Judge A K Vishvesha allowed it the additional time. Representing the Hindu petitioners, advocate Madan Mohan Yadav, said the deadline for completing the survey has been extended till September 4 from August 4.

The ASI had put the survey exercise on hold on July 24 as the Allahabad High Court was hearing a petition against it. The ASI resumed the survey Friday morning after a go-ahead from the HC on August 3.

The Muslim side has, however, moved the Supreme Court against the HC order. Muslim body Anjuman Intezamia Masjid committee told the Supreme Court on Friday that the Archaeological Survey of India (ASI) survey at the Gyanvapi mosque In Uttar Pradesh's Varanasi intends to go into history and will 'reopen wounds of past'.

Senior advocate Huzefa Ahmadi, appearing for the mosque management committee, contended before a bench headed by Chief Justice DY Chandrachud that the exercise by the ASI is 'digging into history', violating the Places of Worship Act and impinging upon fraternity and secularism.

"You can't oppose every interlocutory order on the same ground and your objections will be decided during the course of the hearing," said the bench, also comprising Justices J B Pardiwala and Manoj Misra.

"The ASI survey intends to go into the history as to what happened 500 years ago. It would reopen wounds of the past," Ahmadi said voicing displeasure over the survey ordered by the Allahabad High Court.