Gyanvapi case: SC declines to stay HC order permitting ASI survey of mosque complex
Supreme Court said that ASI has clarified that the entire survey would be completed without any excavation and without causing any damage to the structure
- Aug 4, 2023,
- Updated Aug 4, 2023 4:17 PM IST
Supreme Court on Friday declined to stay the scientific survey by the Archaeological Survey of India (ASI) of the Gyanvapi mosque premises.
Supreme Court said that ASI has clarified that the entire survey would be completed without any excavation and without causing any damage to the structure.
Senior advocate Huzefa Ahmadi, appearing for the mosque management committee, contended before a bench headed by Chief Justice D Y Chandrachud 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 same ground and your objections will be decided during the course of 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 past,'' Ahmadi said voicing displeasure over the survey ordered by the Allahabad High Court.
During the hearing Ahmadi said the survey violates the Places of Worship (special provisions) Act, 1991 which prohibited change of character of religious places as they existed in 1947.
The apex court was hearing a plea by the mosque committee against the Allahabad High Court order permitting an ASI survey at the Gyanvapi mosque.
The high court had on Thursday dismissed a petition filed by the Gyanvapi committee challenging a district court order directing the ASI to conduct the survey to determine if the mosque was built upon a pre-existing temple.
Supreme Court on Friday declined to stay the scientific survey by the Archaeological Survey of India (ASI) of the Gyanvapi mosque premises.
Supreme Court said that ASI has clarified that the entire survey would be completed without any excavation and without causing any damage to the structure.
Senior advocate Huzefa Ahmadi, appearing for the mosque management committee, contended before a bench headed by Chief Justice D Y Chandrachud 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 same ground and your objections will be decided during the course of 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 past,'' Ahmadi said voicing displeasure over the survey ordered by the Allahabad High Court.
During the hearing Ahmadi said the survey violates the Places of Worship (special provisions) Act, 1991 which prohibited change of character of religious places as they existed in 1947.
The apex court was hearing a plea by the mosque committee against the Allahabad High Court order permitting an ASI survey at the Gyanvapi mosque.
The high court had on Thursday dismissed a petition filed by the Gyanvapi committee challenging a district court order directing the ASI to conduct the survey to determine if the mosque was built upon a pre-existing temple.