Committee of Management Anjuman Intezamia Masjid, Varanasi vs Rakhi Singh and Others

Bench: 3 — Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

The Supreme Court disposed of a Special Leave Petition challenging the High Court's order directing an archaeological survey of the Gyanvapi Mosque. The dispute arose from a suit seeking permission to perform rituals of deities allegedly present in the mosque. The petitioner (mosque committee) argued the survey violated the Places of Worship (Special Provision) Act 1991. The Court upheld the survey order as a permissible interlocutory measure under Order XXVI Rule 10A of the CPC but imposed strict safeguards: no excavation, no structural damage, and non-invasive methodology only. The Court clarified that the survey does not adjudicate substantive rights and parties retain the right to challenge the report's evidentiary value at trial.

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Constitutional Law Civil Procedure Interlocutory Orders Archaeological Survey Places of Worship Judicial Commission Religious Disputes

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