The court upheld the Varanasi court order dated July 21, saying that the ASI survey will continue but no digging or damage should be done. The court observed that the issue of the commission was permissible and that the Varanasi Court was justified. “The scientific survey is necessary in the interest of justice,” the high court order stated.
In its July 21 order, Varanasi district judge AK Vishvesha had directed the ASI to conduct a scientific survey of the Gyanvapi complex on an application moved by the Hindu side. The purpose of the scientific survey of the mosque compound was to ascertain if the “present structure” was built over a pre-existing structure of a Hindu temple.
Before the HC delivered its judgment, the AIM moved a supplementary affidavit giving reference to section 7 of the General Civil Rules – 1957 where the cost of such a government exercise is mandated to be paid in advance by the petitioners, reports said.