Gyanvapi ASI survey gets apex court's nod

The Supreme Court on Friday refused to halt a controversial survey of the Gyanvapi Masjid premises by the Archaeological Survey of India (ASI) to determine if the 17th century structure was built upon a pre-existing temple, observing that it cannot find fault with the Varanasi district court’s order of July 21, nor would it interfere with every interlocutory direction passed in the case.

- Utkarsh Anand

“It’s basically an interlocutory order. Why does every matter have to be taken to the level of a great debate? Normally, does the Supreme Court interfere in such a matter? We must treat it like any other suit...We will keep all your objections open but why should we interfere at this stage?” a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud asked the mosque management committee.

The order came hours after a 40-member team of ASI began the scientific survey at the Gyanvapi premises in Varanasi around 8am, a day after the Allahabad high court upheld the district court order and said a survey would help the cause of justice and both sides.

In the apex court, the Anjuman Intezamia Masjid Committee, which manages the 17th-century mosque, pressed for a stay on the survey on the grounds that it will “unravel the wounds of the past” and that such an order was untenable in a “frivolous” suit.

But the bench disagreed. “What is frivolous to you, is faith to the other side. How do we say this is frivolous at this stage? We cannot lose sight of the fact that there are two courts below that have declined you the relief,” it said.

The bench, which also comprised justices JB Pardiwala and Manoj Misra, pointed out that there were adequate safeguards already put in place by the high court to ensure the structure is not harmed during the survey.