ASI requests Varanasi court to seal Gyanvapi survey report for four more weeks

Updated on Jan 4, at 1.45 p.m.

The Archaeological Survey of India (ASI) has filed an application in the Varanasi district court urging the Judge to postpone the disclosure of its Gyanvapi mosque survey report for four weeks.

In response to the plea, the court reserved its order on the matter and will decide on Thursday whether to provide the report to the parties involved in the original Shringar Gauri suit (Rakhi Singh and others Vs Uttar Pradesh state and others).

Four women plaintiffs through their advocate requested that the survey report be opened and a copy be given to them.

The ASI stated in its application that in compliance with Allahabad High Court’s order of Dec 19, 2023, in a different but related case (Ancient Idol of Swayambhu Lord Vishweshwar Vs Anjuman Intezamia Masjid), it must present the same survey report before the civil judge (senior division) of the fast track court.

Government counsel Amit Srivastava said, “We have provided reasons for the request to defer/adjourn the proceeding concerning opening and disclosure of the sealed survey report submitted by ASI for four weeks.”

The ASI’s application pointed out the concerns about potential rumours and misrepresentations in the public domain if the report is unsealed and disclosed before compliance with the High Court order.

Srivastava said that the ASI is diligently working on submitting a copy of the survey report in compliance with the high court order, and for the smooth process, the report before the current court should remain sealed until then. He also highlighted the need for additional survey work in areas overlooked in the initial ASI survey.

The property on which Gyanvapi mosque exists comprises three plots -- 1930, 1931, and 1932. So far, ASI has covered areas since 1930. The Hindu side is demanding the survey on plots 1931 and 1932, along with the wuzu khana and the area beneath the central dome of the mosque.

The Archaeological Survey of India (ASI) today submitted a 1,500-page survey report on the Gyanvapi mosque at a Varanasi court in a sealed cover.

ASI submitted the report before the Varanasi district Judge AK Vishvesha. The court has reserved its verdict on the matter. 

Last week, the court had given a week’s extension to the ASI to submit a scientific survey report of the Gyanvapi mosque complex in Varanasi.

A petition has been moved by the Anjuman Intezamia Masajid Committee (which manages the mosque) seeking information about the survey report.

After the submission of the report, the Hindu worshippers appealed to the court to make the report public and sought directions for the supplying of copies of the report to all parties.

Updated on Sept 3, 1 p.m.

The archaeological survey of India (ASI) has filed an application in a Varanasi court, seeking eight more weeks’ time for submitting its report of the Gyanvapi mosque survey as the deadline for it ended on Sept 2 even as the survey is still going on.

On behalf of ASI, standing government counsel, Government of India, Amit Kumar Srivastava, filed the application. Srivastava said, “We prayed to the court to grant further eight weeks’ time to ASI for submitting report of the survey of Gyanvapi mosque because the exercise is still going on.”

In a major setback to the Masjid Committee, the Supreme Court today refused to stay the Allahabad High Court’s order directing the ASI (Archaeological Survey of India) for a survey of the Gyanvapi mosque complex.

A three-judge Supreme Court bench, led by the chief justice of India (CJI) DY Chandrachud said, “We direct that the entire survey to be carried out through non-invasive method and also there should be no excavation or damage to the walls or structure of the mosque.”

“We are of the view not to interfere with the Allahabad High Court's order,” the CJI Dr Chandrachud said, while hearing an appeal filed by the Masjid Committee. 

The Supreme Court in its order said that the ASI wouldn’t damage the structure as it preserves monuments. All the parties can file objections to the ASI survey.

The Apex Court said that ASI’s job was to maintain such properties and so there shall be no such damage.

The top court, also comprising Justices JB Pardiwala and Justice Manoj Mishra, said, “e direct the entire survey to be carried out through non-invasive method and also there should be no excavation or damage to the walls or structure of the mosque.”

The Apex Court also took into record of the Solicitor General (SG) Tushar Mehta that there will be no excavation or damage to even a brick of the mosque’s wall or structure.

Senior lawyer Huzefa Ahmadi, appearing for Masjid Committee, during the course of the hearing, said that if tomorrow someone files a frivolous suit and asks for a survey as to whether there is something below, will you allow ASI survey? 

The CJI replied that what is frivolous to you is faith to the other side. How can we comment on if it is frivolous or not?

“We will safeguard your interest by saying that no damage should be done to the premises,” the Supreme Court said, in its order today. 

The Supreme Court passed the order after hearing an appeal filed by the Masjid committee challenging the Allahabad High Court's order directing the ASI to conduct a survey in the Gyanvapi mosque complex.

The Allahabad high court on Aug 3  had ordered that the ASI would conduct survey on the Gyanvapi mosque complex in Varanasi.

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