Supreme Court: While hearing an appeal against the Allahabad High Court’s order, wherein plea by Committee of Anjuman Intezamia Masajid Varanasi, challenging the Varanasi District Court’s order directing the Director, Archaeological Survey of India (‘ASI’) to undertake scientific survey/ investigation/ excavation of the Gyanvapi Mosque was dismissed, the three Judge Bench comprising of the Dr. DY Chandrachud, CJI and JB Pardiwala and Manoj Misra, JJ., dismissed the appeal.
Background
In the matter at hand, the Varanasi District Court had allowed an application of the four Hindu females who were seeking directions for the Director, ASI to undertake scientific survey/ investigation/ excavation of the Gyanvapi Mosque, excluding the areas sealed by the Supreme Court. The Varanasi Court had given a slew of direction to the Director, ASI, including the direction to undertake scientific survey/ investigation/ excavation of the premises, and a detailed scientific investigation using GPR Survey, Excavation, Dating and other methods to find out whether the same was constructed over a pre-existing structure of Hindu Temple. Aggrieved by the said order of the District Court, the Committee of Anjuman Intezamia Masajid Varanasi moved Allahabad High Court.
The High Court, vide impugned order, dismissed the petition and upheld the District Court’s order. The High Court opined that the scientific survey/investigation proposed to be carried out by the Commission was necessary in the interest of justice and shall benefit the parties. Aggrieved by the High Court’s order, upholding the District Court’s order to conduct the survey/ investigation/ excavation of the Gyanvapi Mosque, the Committee of Anjuman Intezamia Masajid Varanasi approached the Court.
Decision
The Court refused to interfere with the High Court’s order and therefore allowed the ASI to undertake survey/ investigation/ excavation of the Gyanvapi Mosque.
Source: Press
Explained| Allahabad High Court verdict on Gyanvapi Mosque case
