Case Note & Summary
The Supreme Court of India addressed a Special Leave Petition challenging a High Court order regarding an archaeological survey of the Gyanvapi Mosque area. The petitioners, the Committee of Management Anjuman Intezamia Masajid, sought to contest the High Court's dismissal of their appeal against a District Judge's directive for a survey to ascertain the nature and age of the structure. The respondents, led by Rakhi Singh, filed a suit claiming the right to perform rituals at the mosque, which they alleged was built over a pre-existing Hindu temple. The District Judge had allowed the appointment of an Advocate Commissioner for the survey, which was subsequently affirmed by the High Court. The Supreme Court noted that the survey would be conducted without any excavation or damage to the mosque, as clarified by the Archaeological Survey of India (ASI). The court emphasized the importance of non-invasive methods and directed that the ASI's report be submitted to the trial court for further proceedings. The petition was ultimately disposed of, with the court reiterating the High Court's safeguards regarding the survey process.
Headnote
A) Civil Procedure - Archaeological Survey - Non-invasive Methodology - Code of Civil Procedure, 1908, Order XXVI Rule 10A - The court upheld the High Court's order directing an archaeological survey of the Gyanvapi Mosque area, emphasizing that the survey must be conducted using non-invasive methods to prevent damage to the structure. The court reiterated that no excavation or destruction of the property would occur during the survey process, ensuring compliance with the legal provisions and safeguarding the site's integrity (Paras 9-17).
Issue of Consideration
Whether the High Court's order for an archaeological survey of the Gyanvapi Mosque area was justified under the provisions of the Places of Worship (Special Provisions) Act, 1991 and the Civil Procedure Code, 1908.
Final Decision
The Supreme Court upheld the High Court's order for an archaeological survey, mandating that it be conducted using non-invasive methods to ensure no damage to the mosque structure. The court directed that the ASI's report be submitted to the trial court for further proceedings.
Law Points
- Article 136
- Order XXVI Rule 10A
- Places of Worship (Special Provisions) Act
- 1991
- Civil Procedure Code
- 1908
