SC agrees to hear plea against Allahabad HC order on determining age of ‘Shivling’ at Gyanvapi

The Shivling was found at the Gyanvapi mosque complex last year during a video graphic survey. While the Hindu side claimed the structure to be “Shivling”, the Muslim side claimed it to be a fountain.

NEW DELHI: Gyanvapi mosque Management Committee has approached the Supreme Court challenging Allahabad HC's order of allowing carbon dating of the Shivling found at the Gyanvapi Mosque premises. The Shivling was found at the Gyanvapi mosque complex last year during a video graphic survey. While the Hindu side claimed the structure to be “Shivling”, the Muslim side claimed it to be a fountain. 

The plea was mentioned by Senior Advocate Huzefa Ahmadi before the bench led by CJI DY Chandrachud. Urging the bench to list the plea, senior counsel said, “HC has a passed an order pending the appeal. Pending the judgement being reserved, another application was made for carbon dating.” Although the bench was inclined to place the matter on Monday but then agreed to list the matter tomorrow. 

Earlier, Hindu Parties have filed a caveat in the Supreme Court against Allahabad HCs order. The Hindu parties in the caveat had appealed SC to not pass an order without hearing them in case of an appeal being filed challenging HCs May 12 order. 

Justice Arvind Kumar on May 12 while considering a civil revision filed by Laxmi Devi and four others had set aside lower court’s October 14, 2022 order and had also directed the Archaeological Survey of India (ASI) to appear before Varanasi District Judge on May 22 and thus do the needful for undertaking scientific investigation of “Shivling” found at the Gyanvapi Mosque premises. 

Directed for not only “scientific investigation” but also carbon dating of the Shivling. Pursuant to perusing the original 52-page report submitted by Superintending Archaeologist, ASI, HC also directed Additional Solicitor General (ASG) of India Shashi Prakash Singh “to issue suitable directions to the concerned authority” of the ASI to appear before the Trial Judge /District Judge, Varanasi, on May 22.

“While proceeding in the matter and viewing the things from that angle, the overall impression that trickles out from the careful perusal of the report of the Archaeological Survey of India indicates, to all intents and purposes, that scientific investigation of the site can be suitably carried out without causing harm to the site/Shivlingam in issue as such it can be concluded that the Shivlimgam/site would remain preserved and protected even after the scientific investigation for determining the age, nature and status of the site/Shivlingam is done,” the HC said. 

It further said, “It is directed that the Trial Judge/District Judge, Varanasi will proceed further with the case and scientific investigation of the site/Shivlingam shall be directed to be done under aegis and guidance of the Archaeological Survey of India to the extent and import as observed hereinabove in this order and the entire exercise shall be done under direction and supervision of the trial court and all consequential necessary directions shall be passed/issued in that regard by it.”

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