Setback to Muslim side: SC refuses to stay ASI survey of Gyanvapi complex

New Delhi: The Supreme Court on Friday declined the Muslim side’s petition to put a stay on the ongoing survey of Gyanvapi mosque complex by the Archaeological Survey of India (ASI).

The top court refused to interfere with the Allahabad High Court order on allowing scientific survey of the complex, though underlined the need for ‘non-invasive methods.’ It also directed that ASI team shouldn’t undertake any excavation at the site during its survey.

“Only non-invasive methods are to be used in survey. No excavation or destruction of any part of the structure”, the SC bench comprising Chief Justice DY Chandrachud and Justices Manoj Misra and JB Pardiwala said.

The go-ahead by the Apex Court comes as a setback for the Muslim side as the latter sought a stay/ban on the scientific survey of complex, despite High Court clearance. The Survey, which is being conducted to determine the religious character of the complex, was put on hold after Muslim side petitioned against it on July 24. It resumed on August 3, after HC allowed it while ruling out ‘any excavations.’

The Supreme Court took note of the submissions by ASI, Solicitor General Tushar Mehta appearing for UP government, where they assured the court that neither any excavation will be carried out during the survey or any destruction would be caused to the structure during survey.

The Muslim side, represented by senior advocate Huzefa Ahmadi said that the ASI exercise is ‘digging into history’ and it will ‘open old wounds’ while also violating the Places of Worship Act 1991.

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

The ASI scientific survey is currently underway to find whether the 17th century mosque was built after ravaging a Hindu temple beneath.