Gyanvapi Case: ASI survey will continue in Gyanvapi campus, Supreme Court rejects petition of Muslim side
The scientific survey of Gyanvapi campus has got the green signal from the Supreme Court. The apex court has refused to stay the scientific survey of the Gyanvapi mosque complex by the Archaeological Survey of India (ASI). The Allahabad High Court’s decision to allow the survey was challenged by the Muslim side. During the hearing, the Supreme Court said that the ASI has clarified that the entire survey will be completed without any excavation and without causing any damage to the structure.
The Supreme Court said that the entire process of scientific survey will be done without any demolition method. The apex court reiterated the direction of the High Court and said that no excavation would take place during the survey. Earlier, a bench of Chief Justice of India DY Chandrachud said that the Chief Justice of the Allahabad High Court took note of the ASI’s affidavit that he was not doing any digging during his survey and that no part of the wall etc. would be touched.
The court asked why it should interfere in the scientific survey at this stage. In the Ayodhya case also, the ASI had conducted the survey. What is the problem with ASI’s survey? On this, the mosque panel told the Supreme Court that the intention of the ASI survey is to delve into history to know what happened 500 years ago, it will reopen the wounds of the past.
Muslim side’s argument
Senior advocate Huzefa Ahmadi, appearing for the Muslim body Anjuman Intezamia Masjid Committee, argued that this exercise of the Archaeological Survey of India (ASI) is being done to corrode history and violate the Places of Worship Act. This will affect brotherhood and secularism.
Expressing displeasure over the survey order of the Allahabad High Court, Ahmadi said that the intention of the ASI survey is to investigate the history and know what happened 500 years ago. It will re-open the wounds of the past.
Ahmadi said the survey violates the Places of Worship (Special Provisions) Act, 1991, which prohibits alteration of the character of religious places as they existed in 1947.
The Muslim side had approached the Supreme Court
On Thursday, a few hours after the decision of the Allahabad High Court, Nizam Pasha, the lawyer of Anjuman Intezamia Masjid, mentioned the matter before the Supreme Court Chief Justice DY Chandrachud and requested for an immediate hearing. In this, a ban on the survey was demanded. The Hindu side had also filed a caveat in the Supreme Court and requested not to give any order without hearing their side.
Allahabad High Court had given the decision
Earlier, the Allahabad High Court has upheld the Varanasi District Judge’s decision to conduct a scientific survey of the Gyanvapi complex by the Archaeological Survey of India (ASI). The court said that the order of the District Judge to conduct the survey is legal. However, the Muslim side has challenged the order in the Supreme Court.
What did the High Court say?
High Court Chief Justice Pritinkar Diwakar on Thursday, while rejecting the petition of Anjuman Intezamia Masjid, said, the order of the District Court to get the scientific survey of the premises done by ASI is just and correct. There is no reason to interfere in this. The proposed survey of SI is not only necessary in the interest of justice, but is also beneficial for both the parties. In the 16-page order, the court said, ASI’s ADG Alok Tripathi, Additional Solicitor General of India (ASGI) Shashi Prakash Singh have given affidavits that there will be no damage to the structure during the survey. During this time neither digging nor drilling will be done. Gyanvapi campus will be surveyed without any damage. After this there is no justification to doubt this statement.
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