New Delhi: In a major setback to the Anjuman Intezamia Masjid Committee, the Supreme Court on Friday refused to stay the Allahabad High Court's order directing the ASI (Archaeological Survey of India) to take up the survey of Gyanvapi mosque complex in Varanasi.
A three-judge bench, led by the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chandrachud said, "We direct that the entire survey to be carried out through non-invasive method and also there should be no excavation or damage to the walls or structure of the mosque."
"We are of the view not to interfere with the Allahabad High Court's order," the CJI said, while hearing an appeal filed by the Masjid Committee.
The Top Court in its order said that the ASI wouldn't damage the structure as it preserves monuments.
All the parties can file objections to the ASI survey.
The Apex Court said that ASI's job was to maintain such properties and thus there shall be no such damage.
The Top Court, also comprising Justices J B Paediwala and Justice Manoj Mishra, said, "we direct the entire survey to be carried out through non-invasive method and also there should be no excavation or damage to the walls or structure of the mosque."
The SC also took into record of Solicitor General (SG) Tushar Mehta that there will be no excavation or damage to even a brick of mosque's wall or structure.
Senior lawyer Huzefa Ahmadi, appearing for Masjid Committee, during the course of the hearing, said that if tomorrow someone files a frivolous suit & ask for a survey as to whether there is something below, will you allow ASI survey?
The CJI replied to Mr Ahmadi that what is frivolous to you is faith to other side. How can we comment on if it is frivolous?
"We will safeguard your interest by saying that no damage should be done to the premises," the Supreme Court said.
The Court passed the order after hearing an appeal filed by the Masjid committe challenging the Allahabad High Court's order directing the ASI to conduct a survey in the Gyanvapi mosque complex.
The Allahabad HC on Thursday morning ordered that the ASI would survey on the Gyanvapi mosque complex in Varanasi. (UNI)
