From Our Bureau
NEW DELHI: The Supreme Court on Friday deferred the “scientific syrvey,” including carbon dating, of a “Shivling” said to have been found in the Gyanvapi mosque complex in Varanasi during a videographic survey last year.
The court said that since the implications of the Allahabad High Court order that allowed carbon dating of the “Shivling” merit closer scrutiny, the implementation of the directions concerned in the order shall stand deferred till the next date of hearing on
The Centre, the Uttar Pradesh government and other contesting parties will be filing their response to the mosque management’s plea to halt the survey.
“We may find some other technology in the meanwhile,” Solicitor General Mehta submitted.
As the Hindu side’s counsel Vishnu Shankar Jain urged the top court to call for ASI reports, the CJI said, “We are not averse to calling for a report. Let the UP Government and the Centre consider the situation… They will also consult the ASI… Let the Government consider the options… These are matters where we have to tread very carefully.”
The top court also issued notice to the Hindu side and the UP Government on the Muslim side’s petition challenging the High Court’s directions for a scientific survey of the “Shivling” reported to have been found last year.
A bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha passed the order deferring the High Court directions for the time being to ascertain whether the structure found in the mosque premises is a “Shivling” as claimed by the Hindus or a fountain as asserted by the mosque’s management.
The bench was hearing an appeal challenging an Allahabad High Court that had allowed a scientific investigation to find out if the object found during the survey of the Gyanvapi Mosque premises is a Shiva linga or a fountain.
The case was mentioned before it by Senior Advocate Huzefa Ahmadi representing the Muslim party in the matter, on Thursday.
When the matter came up for hearing, Ahmadi said that the carbon dating is set to happen on May 22, Monday.
“Let them not do it during the holiday,” he said.
“Should we examine it carefully Solicitor General,” the bench asked SG Tushar Mehta, who appeared for the Centre and the UP government..
“Yes my lord.. there should be no damage to the structure which one side claims a Shivling and other calls a fountain,” the SG replied.
The Court then proceeded to issue notice while putting the High Court directions on hold.
The case itself began when Hindu devotees approached a civil court seeking the right to worship inside Gyanvapi Mosque, claiming that it was a Hindu temple and still houses Hindu deities.
The civil court ordered a survey of the Mosque by an advocate commissioner, who then videotaped the premises and submitted a report to the civil court. The report, among other things, stated that an object similar in appearance to a Shivling was found.
The matter was later transferred to the District Court, Varanasi on orders passed by the Supreme Court.
On October 14 last year, the District Court passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain, as claimed by the respondents.
The order of the District Court was challenged before the High Court on the ground that it wrongly presumed that a scientific investigation in the form of carbon dating or use of a ground penetrating radar would harm or damage the object.
The High Court ruled in favour of the Hindu party leading to the present plea before the top court.
