The High Court’s order dismissing the appeal against an order of the District Judge directing an archaeological survey of the area in which the Gyanvapi Mosque is situated.
Citation:
[2023] 11 S.C.R. 108 : 2023 INSC 702
Case Details:
- Petitioner: Committee of Management Anjuman Intezamia Masajid Varanasi
- Respondents: Rakhi Singh and Others
- Case Type: Special Leave Petition (Civil) Diary No.31345 of 2023
- Judgment Date: August 04, 2023
- Bench: Dr. Dhananjaya Y. Chandrachud CJI, J.B. Pardiwala and Manoj Misra JJ.
Issue Under Consideration:
The High Court’s order dismissing the appeal against an order of the District Judge directing an archaeological survey of the area in which the Gyanvapi Mosque is situated.
Legal Context and Referred Statutes:
- Code of Civil Procedure, 1908 – Application u/s.75(c) and Order XXVI r.10A.
- Places of Worship (Special Provision) Act, 1991.
Relevant Case Laws and Citations:
- M Siddiq (Dead) Through Legal Representatives v. Mahant Suresh Das and Others (2020) 1 SCC 1 : [2019] 18 SCR 1
- Committee of Management Anjuman Intezamia Masajid Varanasi v. Rakhi Singh and Others SLP (C) No 11351 of 2023
- Mohd Aslam Alias Bhure v. Union of India and Others (1994) 2 SCC 48 – referred to.
Summary of the Case:
The petitioner challenged the order of the High Court that affirmed the District Judge’s direction for an archaeological survey of the Gyanvapi Mosque area. The respondents had filed a suit seeking a declaration to perform rituals of deities allegedly present within the mosque premises. The District Judge directed the Archaeological Survey of India (ASI) to conduct a non-invasive scientific survey of the property.
Court’s Analysis and Judgment:
- The Supreme Court, while affirming the High Court’s decision, specified that the survey should be conducted without excavation or destruction of the property, using non-invasive methods.
- The Court clarified that the ASI’s report and scientific investigation would assist the trial court in resolving the dispute but would not amount to a substantive finding on the matters in dispute.
- The Supreme Court reiterated the High Court’s direction that no excavation at the site or destruction of the structure shall occur.
Significance:
This judgment is significant in balancing the requirements of a scientific investigation in a sensitive religious matter, ensuring that the survey is conducted without harming the existing structures. It highlights the court’s role in navigating complex disputes involving historical and religious claims.
Relevant Links:
- For understanding the implications of the Places of Worship Act, 1991 in similar contexts, refer to the case analysis of M Siddiq (Dead) Through Legal Representatives v. Mahant Suresh Das and Others on Legal-Wires.
- To explore the legal nuances of archaeological surveys in disputed religious sites, visit our detailed article on Mohd Aslam Alias Bhure v. Union of India and Others at Legal-Wires.
Conclusion:
Committee of Management Anjuman Intezamia Masajid Varanasi v. Rakhi Singh and Others is a pivotal case in the context of archaeological surveys in religiously sensitive sites. The Supreme Court’s directives ensure a careful and non-invasive approach to the scientific study of the area, maintaining the sanctity of the site while addressing the legal dispute. This case sets a precedent for handling similar matters involving historical and religious significance.
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