Gyanvapi Case : Live Updates From Supreme Court On Plea Against ASI Survey

CJI: 2. The order is not adversarial as it doesn't decide substantive rights.

3. All parties can file objections to the ASI survey.

4. Issue in terms of provision of S 4 is regards religious character.

CJI: Ms Madhavi Divan has submitted that-

1. An order under Order 26 is for the benefit of the court which requires for a survey to be conducted to assist it decide a controversy in a suit.

CJI: 4) An order of status quo was passed because it was a threat to the property.

5) While an order of conducting scientific survey may be passed at any stage, ordinarily a scientific survey ought not be passed till court is aware of all issues.

CJI: Through the course of these proceedings, the order on survey was stayed. SG had stated that process of carbon dating may be invasive.

CJI: 2) In suit of 1991, in pursuance to an identical prayer, ASI Survey was order but that has been stayed by HC.

3) A similar issue pertaining to order of carbon dating of a structure claimed to be a Shivling by plaintiffs is pending in an SLP.

CJI: Mr Ahmadi has submitted that 1) The act of conducting the survey is contrary to provisions of PoW Act, 1991 and the genesis of which has been explained by a CB.

CJI: Before we deal with submissions of Mr Ahmadi, it needs to be clarified that it has been clarified by ASI, SG Mehta, that the entire survey would be completed without any excavation at the site or destruction to the structure.

CJI: The HC has recorded the statement of the ADG of ASI and ASG appearing for UOI that no excavation whatsoever will take place. In this backdrop that the HC observed that since the dept of archaeology had expressed that no damage would be caused, survey could be carried out.

CJI: In para 21 of its judgement, the HC has dealt with the apprehension that the survey would envisage an act of excavation or destruction of the structure existing at the site.

CJI: The HC has held that the order of the district judge directing the survey is within the ambit...