Gyanvapi Case : Live Updates From Supreme Court On Plea Against ASI Survey
Ahmadi: In the other SLP related to the fountain head, undoubtedly Mr SG did tell your lordships that he was concerned about carbon dating etc. But the application was for scientific survey.
Ahmadi: The sum and substance of order is that there existed a structure below this hundreds of years ago. My submission is that going back in past is precisely what was sought to be injuncted by the Places of Worship Act.
Justice Pardiwala: Let the survey happen..let the report be furnished in a sealed cover...
Justice Pardiwala: See it this way- your point is that why take this survey when the suit itself is non maintainable. You're opposed to the very survey itself. This survey will be in form of a report. Tomorrow, if you succed on maintainability, it'll just be a piece of paper.
Justice Pardiwala: Are we at a stage where irreparable damage will be caused?
Ahmadi: By an interlocutory order, you'll reopen the wounds.
Ahmadi: Let me make a point on the places of worship act- when you conduct survey, it is like uncovering wounds of the past and that is what places of worship act sought to injunct. You are unravelling wounds of past here.
SG: Even if there is excavation in future, we won't do it without permission.
Ahmadi: Where's the question of excavation?
CJI: You're labouring on a point which doesn't weigh with us Mr Ahmadi.
CJI: My learned brother Justice Misra also has a suggestion - where you have said non destructive methods, you can say non invasive methods.
SG: Entire survey will be done by non destructive method...
CJI: The CJ's judgement goes one step ahead and it says that there will be no excavation. We will add that.
SG: We will comply with the affidavit and the directions.
SG refers to the ASI's affidavit stating that no damage will be done to the premises while conducting the survey.