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Gyanvapi Mosque Case: Supreme Court Defers 'Scientific Survey', Carbon Dating Of 'Shivling' Inside Complex

The Supreme Court deferred the “scientific survey”, including carbon dating, of the “Shivling” at the Gyanvapi mosque complex in Varanasi saying the High Court order merits closer scrutiny.

The Supreme Court on Friday heard 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 last year. It deferred the “scientific survey”, including carbon dating, of the “Shivling” and 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, news agency ANI reported.

The Allahabad High Court, on May 12, ordered a scientific investigation to determine the age of the structure claimed to be a Shivling in the mosque in Varanasi. It set aside an October 14 order of the Varanasi 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.

The apex court today issued notices to the Centre and UP government on the plea of the mosque panel against the HC order. The Solicitor General told the SC bench that the Centre and UP government will examine in consultation with the Archeological Survey of India (ASI) if there is an alternative method to ascertain the age of 'Shivling', news agency PTI reported.

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Earlier, 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, as per PTI.

After the high court order, a local court at Varanasi on May 16 agreed to hear a plea for a survey by the ASI of the entire Gyanvapi mosque premises. Accepting a petition filed by lawyer Vishnu Shankar Jain, representing 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.

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IITs, ASI On Scientific Investigation Of ‘Shivling’

The high court directed the Varanasi district judge to proceed, in accordance with the law, on the application by the Hindu worshippers for conducting a scientific probe of the ‘Shivling’. The high court order had stated that no harm should be done to the structure, which the Hindu petitioners claim is a ‘Shivling’ but 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, as per PTI.

According to PTI, the high court 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 stated that 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, as quoted by PTI.

The report suggested 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 the 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). This will be helpful towards identifying the remains of the ancient structures buried, if any, at the site, he added, as per PTI.

The ASI, in its 52-page report, had given the opinion that the age of the structure can be determined through scientific method without causing any harm to it. Its opinion was based on studies conducted by IIT Kanpur, IIT Roorkee, Birbal Sahni Institute, Lucknow, and another educational institute.

On November 4, 2022, the high court sought the response of the ASI in the matter and directed the ASI director general to submit his opinion on whether an investigation of the said structure, if examined through carbon-dating, GPR, excavation, and other methods adopted to determine its age, nature and other relevant information, is likely to damage it or a safe evaluation about its age can be done.

A suit was filed in the Varanasi District Court seeking the right to regular worship of Maa Shringar Gauri and other deities whose idols the petitioners submitted are located in the mosque complex. 

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