Supreme Court Upholds ASI Survey of Gyanvapi Mosque, mandates Non-Invasive Methodology

New Delhi, August 4, 2023: The Supreme Court on Friday declined to interfere with the Allahabad High Court’s ruling, permitting the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises.

The High Court’s order had allowed the ASI to ascertain whether an object found during a previous survey was a Shiva Linga or a fountain, without causing any damage to the structure.

A bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the plea filed by the Muslim party opposing the survey. The apex court stated that the High Court’s order for the survey does not require interference at this stage, as a similar survey was conducted during the Ayodhya case.

The court emphasized that the ASI’s survey would be conducted by non-invasive means, ensuring that there would be no excavation or harm to the site. The ASI’s report will be remitted back to the High Court for further consideration during the trial of the suit.

The Gyanvapi mosque has been a subject of dispute, with Hindu devotees claiming the right to worship inside the mosque, alleging it was once a Hindu temple. The civil court had ordered a previous survey, and an object resembling a Shivling was found.

The present matter deals with the disputed claims about the object’s nature, and the Muslim party had argued that the survey infringes upon the Places of Worship (Special Provisions) Act, 1991.

Senior Counsel Huzefa Ahmadi representing the Muslim party raised concerns about the survey’s implications and its potential violation of the Act. However, the CJI assured the structure would be safeguarded during the survey.

The court rejected the argument that the plea was frivolous and ordered to hear the appeal on the issue of maintainability next week.