Apex Court Defers Implementation Of High Court's Order To Conduct Scientific Survey To Determine Age Of Shivling At Gyanvapi
The Supreme Court today deferred implementation of the Allahabad High Court's order to conduct 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. The order was challenged through a special leave petition (SLP).
"In view of the urgency, the special leave petition is taken on board. Notice shall be issued. Learned Counsel appearing on behalf of the respective contesting parties accept notice. Ms Ruchira Goyal learned counsel accepts notice on behalf of the State of UP. Since the Court would consider the implications of the impugned order of the High Court would merit a closer scrutiny, the implementation of the directions contained in the impugned order of the High Court dated May 12, 2023 shall stand deferred till the next date", a Bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice K.V. Vishwanathan noted in the matter.
Solicitor General Tushar Mehta appeared for the State of Uttar Pradesh and the Union of India, Senior Advocate Huzefa Ahmedi appeared for the Anjuman Intezamia Masjid Committee.
"Is there any urgency in the matter today...what has happened?", asked CJI at the outset when the SLP was mentioned.
"Yes, milords because the carbon dating and the scientific survey is supposed to start on Monday, as per the impugned order passed by the High Court. Let them not do that during the holiday", submitted Ahmedi.
Then the CJI while turning towards Mehta asked, "Mr Solicitor, would you like to take instructions, let's examine it?".
"My concerns as the officer of the Court is while doing the exercise which we are called upon to do carbon dating etc. if there is some damage to the structure which one side says is Shivling, another says fountain etc. I am not going into that...if there is a damage we will have to see how can it be done. Your lordships can consider that it may await your lordships adjudication", Mehta said in response.
The bench asked if the parties want the court to pass an order. "It would be better if you pass an order", said Mehta in response while agreeing to the suggestion.
While Advocate Vishnu Jain submitted that "Actually the High Court has not asked for any damage to the structure...Before the High Court passed the impugned, it had asked for a report from the ASI. The four experts of the ASI had given a categorical report which is there in the SLP and IA, running into 52 pages where they have categorically stated that the structure will not be damaged".
"See we are not averse to calling for a report from the ASI. We just felt that you know, the learned SG submissions, let them consider the situation. Obviously, they are going to consult the ASI in the meantime...Let the government also consider what the options are, what the issues are. These are the matters where one must tread a little carefully", CJI responded.
The Allahabad High Court had issued a significant order directing the Archaeological Survey of India (ASI) to use modern techniques to conduct a scientific survey of the 'Shiva Linga' discovered inside the Gyanvapi Mosque premises in Varanasi.
The order came in response to a revision plea by four Hindu worshippers who challenged the Varanasi Court's previous decision to reject their request for a scientific investigation to determine the age of the 'Shiva Linga'.
The structure in question has been referred to as a 'Fauwara/Fountain' by the Anjuman Masjid committee, which manages the mosque, while Hindu worshippers consider it a 'Shiva Linga'.
The Varanasi Court had dismissed the Hindu worshippers' plea, stating that conducting tests such as carbon dating or ground-penetrating radar could potentially damage the 'Shiva Linga' and hurt religious sentiments, which would be a violation of a Supreme Court order to protect it.
Cause Title: Committee Of Management Anjuman Intezamia Masajid Varanasi v. Rakhi Singh and Ors.
