Gyanvapi Case : Live Updates From Supreme Court On Plea Against ASI Survey
Divan: While this stay was granted, an application was filed for ASI survey. This was in the year 2019. It was allowed by civil judge.
Ahmadi: The distinction is not here because the issue before HC was whether there should be an ASI survey or not.
Divan: Insofar as the other suit of 1991 is concerned - that was a different situation. It was a title suit. The Or 7 Rule 11 had been allowed there. Then the plaintiff had filed an appeal which was allowed in his favour and a stay was actually granted
Divan: Certain signs and symbols have clearly been seen there. It's logical to make it reach the conclusion via scientific study.
Divan: We have also sought right to worship both visible and invisible deities which may be submerged...our hands can't be tied both ways...and this is ASI, their job is to preserve monuments, it won't go other way.
Divan: We would ensure all transperancy so if the court wants see the live stream, it can The issue is what is the religious character of this place...We have pleaded before 1947 and after...
Divan: Therefore the court in its direction has called for a expert opinion. It would amount to a disablement to indict a survey. We don't know at this stage what the survey would show. We have a right of objection. It doesn't prejudice any rights..
Sr Adv Madhavi Divan: This order is under the benefit of the court. This is an issue of domain expertise. This is not in any manner prejudicial. It's not determinative, or adversarial because it can go either way. It's a chance we're also taking
SG Mehta: We also said that according to them the fountain is...
Ahmadi: You're the State. You're supposed to be non parties in the suit. And this is while the appeal was being heard.
Ahmadi: Another apprehension is that my learned friend appears for the State of UP. Something very unfortunate happened. When the matter was pending, a statement was made by CM of UP. Please see the statement.
Ahmadi: Order 26 Rule 9a do suggest that these orders can be passed at any stage. But ordinarily, an order directing commission of scientific survey would not be appropriate before the court is cognizant of the issues that arise.