Supreme Court allows non-invasive ASI survey of Gyanvapi complex

The Supreme Court on Friday refused to interfere with the judgment of the Allahabad High Court permitting a scientific survey of the Gyanvapi mosque premises by the Archaeological Survey of India (ASI).

A bench headed by Chief Justice of India (CJI) D Y Chandrachud made it clear that a "non-invasive" methodology needs to be adopted by the ASI for the said survey. The bench reiterated its previous direction that "no excavation" at the site would be done during the survey.

The report which will be prepared by the ASI, the bench further directed, will be remitted to the trial court and shall thereafter abide by the directions passed by the district judge.


Finding no force in the contentions raised by the Muslim side seeking stay on the Allahabad HC's direction, the SC observed that the HC has already "introduced certain safeguards" for the survey to be conducted. With regard to the nature and ambit of court-appointed commission "we are unable to differ with the high court," the top court held.

The bench noted the assurance by the ASI that there would be no excavation or destruction of the property. It also recorded a similar assurance submitted by Solicitor General Tushar Mehta.

Appearing on behalf of the Muslim side, senior advocate Huzefa Ahmadi strongly demanded stay on the survey, contending that the plea seeking to examine the structure was "frivolous". In response, the CJI verbally said that "What is frivolous to you is faith to the other side".

In October last year, the district court had passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain. However, the Allahabad HC in May this year ruled that scientific investigation can be done to ascertain whether the object was a Shiva Linga or a fountain, without causing any damage to the object. The district court on July 21 ordered an ASI survey of the mosque premises excluding the area previously sealed by the Supreme Court (wuzukhana or an ablution pond). The HC had on Thursday upheld the district court ruling following which the Muslim party moved the top court on Friday.

The dispute pertains to claims over whether the structure found on the premises of the Gyanvapi mosque during an earlier survey was a Shivling, as claimed by the Hindu parties in the case.