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

Justice Pardiwala: In our mind, what has fallen from my lord the Chief Justice, it should protect the interests of both the sides.

CJI DY Chandrachud: Alright we'll close it now.

Ahmadi: Justice Pardiwala suggested that the report can be in sealed cover. Let it be kept in sealed cover.

SG: We will do everything as per the affidavit but "invasive" sometimes may be restrictive.

CJI: No, let it say non invasive. In one place the HC has said invasive. I think it's an error. The HC obviously wanted to say non invasive.

CJI: Report of ASI shall be remitted to trial court and thereafter abide by directions of district judge.

CJI: While recording the statement of SG that there will be no excavation, we order that the entire process shall be concluded with non invasive methodology. We reiterate the direction of HC that there shall be no excavation.

CJI: The HC was correct in introducing certain specific directions to circumscribe the nature of order passed by district judge...ASI clarified that it's neither carrying excavation or destruction.

CJI: The court must notice that the district judge while acting as a trial judge exercised his discretion under Order 26 Rule 10A. The HC has found no reason to interfere having set out the legal position.

CJI: The court is also empowered to direct further enquiry to be made as it may think fit. The evidentiary value is therefore to be tested in a suit and is open to objections including cross examination.

CJI: In terms of Order 26 Rule 10, the commissioner has to submit a report in writing before the court. The report and evidence taken by him form part of evidence and the record. However, the court or parties may examine the same.

CJI: ASI wouldn't damage the structure as it preserves monuments.

CJI: The order of the trial judge under Order 26 Rule 10A cannot prima facie be construed without basis.