SC to hear plea of Muslim side against HC orderon determining age of ‘shivling’ at Gyanvapi
   Date :19-May-2023

shivling
 
 
NEW DELHI :
 
THE Supreme Court agreed to hear on Friday a plea challenging the Allahabad High Court order of conducting a “scientific survey”, including carbon dating, to determine the age of a‘Shivling’ which was said to have been found at the Gyanvapi mosque complex in Varanasi. A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala took note of the submissions of senior advocate Huzefa Ahmadi, appearing for the Gyanvapi mosque management committee, and agreed to list the plea for hearing on Friday. “The Allahabad High Court has passed an order pending the appeal,” the senior lawyer said. The High Court, on May 12, ordered determination of the age of the structure claimed to be a Shivling in the mosque inVaranasi using modern technology. It set aside an October 14 order of theVaranasi District Court that rejected a plea for scientific investigation, including carbon dating, of the structure found in May 2022 during a court-mandated survey of the Gyanvapi mosque located next to the Kashi Vishwanath temple.
 
Following the High Court order, a local court at Varanasi on May 16 agreed to hear a plea for a survey by the Archeological Survey of India (ASI) of the entire Gyanvapi mosque premises. Accepting the petition filed by lawyer Vishnu Shankar Jain, who represents the Hindu side, District Court Judge A K Vishvesh asked the Gyanvapi mosque committee to file its reply to the plea by May 19. The court fixed the next hearing in the matter on May 22. Prior to this, the High Court, on May 12, directed the Varanasi district judge to proceed, in accordance with law, on the application by the Hindu worshippers for conducting a scientific probe of the ‘Shivling’. The High Court order had said no harm should be done to the structure, which the Hindu petitioners claim is a ‘Shivling’. However, the mosque authorities say it is part of a fountain in the‘wazu khana’, where ablutions are performed before namaz. The High Court passed the order on a revision petition filed by Laxmi Devi and three others challenging the Varanasi court order. The High Court had obtained a report from various institutions, including the IITs in Kanpur and Roorkee and Birbal Sahni Institute of Lucknow, before ordering for determination of the age of the structure.
 
The report says direct dating of the structure is not possible and the age can be ascertained with proxy dating of materials, which can “correlate with the establishment of the ‘lingam’ if there is any”. “This needs a thorough study of the materials surrounding the ‘lingam’,” it adds. The report also suggests the dating of some organic materials below the surface can ascertain the age but it needs to be established that they are related to the structure. The court considered suggestions of Prof Javed N Malik of Department of Earth Sciences, IIT Kanpur. Prof Malik suggested that to understand the buried material and structure it would be essential to undertake a detailed subsurface survey through Ground Penetrating Radar (GRP).