Gyanvapi Case : Live Updates From Supreme Court On Plea Against ASI Survey
CJI: We will safeguard your interest by saying that no damage should be done to the premises.
CJI: 9(a) can't preclude court from granting interim relief. You must treat it like any other suit. There are two courts which have held against you...we not only have the order of trial court, we have a reasoned order of HC also
Ahmadi: Please see the Ayodhya judgment.
CJI: You can't oppose every interlocutory order on the same ground. That will be decided in course of hearing.
CJI : In Ayodhya case also, we allowed survey. At that stage of the final hearing, there was a great deal on evidentiary value...we then discussed it- what should be the evidentiary value of ASI. These are issues to be dealt with then.
If tomorrow someone files a frivolous suit and on the first date ask for a survey as to whether there is something underneath, will your lordships ask the Archeological Survey to have a survey as a matter of course", Ahmadi asked.
"Mr. Ahmadi, what is frivolous to you is faith to other side. How can we comment?", CJI said
CJI: It's an interlocutory order. Why should we interfere at this stage? We'll keep all other objections you have to commissioner's report open. We're not saying that it's admissible or should be relied upon...that can be argued.
CJI: This was not argued before the High Court.
Ahmadi: I did argue this. We read over this note to the Chief Justice.
Ahmadi: The mere act of conducting survey - you're digging in history...is that not violating the Places of Worship Act..
The survey impinges upon fraternity, secularism, and statements of objects of places of worship act...
CJI: On your Order VII Rule 11, subject to hearing, we'll issue notice. So far as the survey is concerned, since all these safeguards have been ensured...after all it's in an interlocutory order, why should we entertain?
CJI: Mr Ahmadi, the HC has made them stand by an affidavit that no excavation would be made by them during their survey.
Sr Adv Huzefa Ahmadi informs the bench about the four SLPs before the court.
CJI DY Chandrachud: So today we're primarily concerned with the Allahabad High Court order.