COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID, VARANASI versus RAKHI SINGH AND OTHERS

COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID, VARANASI versus RAKHI SINGH AND OTHERS

The District Judge's order directing the ASI to conduct a scientific investigation under Order XXVI Rule 10A CPC was within jurisdiction and the High Court correctly affirmed it subject to safeguards; the survey is permitted only on the basis that there shall be no excavation or destruction of the structure and that only non-invasive scientific methods will be used, and the ASI report is to be remitted to the trial court where its evidentiary value will be tested.

Parties
Petitioner: COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID, VARANASI; Respondents: RAKHI SINGH AND OTHERS
Jurisdiction
India
Judgment Date
04 August 2023
Procedural Posture
Special Leave Petition (civil) Diary No.31345 of 2023 / SLP Disposed of by This Court (judgment Dated 04.08.2023)
Outcome
SLP disposed of
Legal Topics
Order XXVI Rule 10 a CPC, Commission for Scientific Investigation, Places of Worship (special Provisions) Act 1991, Archaeological Survey of India (asi), Non Invasive Survey Methods (gpr, GPS, Photography), Evidentiary Value of Commission Reports
Civil Procedure Constitutional Law Archaeology/heritage Order XXVI Rule 10 a CPC Commission for Scientific Investigation Places of Worship (special Provisions) Act 1991 Archaeological Survey of India (asi) Non Invasive Survey Methods (gpr, Gps, Photography) +1 more

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Parties

COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID, VARANASI

Petitioner

RAKHI SINGH AND OTHERS

Respondents

Procedural Posture

Special Leave Petition (civil) Diary No.31345 of 2023 / SLP Disposed of by This Court (judgment Dated 04.08.2023)

Legal Issues

  1. 1 Whether a trial court may, under Order XXVI Rule 10A CPC, direct the Archaeological Survey of India to undertake a scientific survey/investigation of disputed premises
  2. 2 Whether the proposed survey would violate the Places of Worship (Special Provisions) Act 1991 or involve excavation/destruction of the structure
  3. 3 Scope and evidentiary value of a commissioner's report under Order XXVI Rules 9,10 and 10A

Ratio Decidendi

The District Judge's order directing the ASI to conduct a scientific investigation under Order XXVI Rule 10A CPC was within jurisdiction and the High Court correctly affirmed it subject to safeguards; the survey is permitted only on the basis that there shall be no excavation or destruction of the structure and that only non-invasive scientific methods will be used, and the ASI report is to be remitted to the trial court where its evidentiary value will be tested.

Court Disposition

SLP disposed of

Orders

  • The Special Leave Petition is disposed of.
  • The order of the High Court dated 03.08.2023 affirming the District Judge's order is reiterated subject to the High Court's observations and the ASI affidavit.