By NEW DELHI: The
Supreme Court
consented to hear on Friday a plea challenging the Allahabad High Court order of performing a “clinical study”, consisting of carbon dating, to identify the age of a ‘Shivling’ which was stated to have actually been found at the
Gyanvapi
mosque complex in Varanasi.
A bench making up
Chief Justice D Y Chandrachud
and justices P S Narasimha and J B Pardiwala bore in mind of the submissions of senior supporter Huzefa Ahmadi, standing for the Gyanvapi mosque management committee, and consented to note the plea for hearing on Friday.
“The Allahabad High Court has actually passed an order pending the appeal,” the senior legal representative stated.
The high court, on May 12, bought decision of the age of the structure declared to be a Shivling in the mosque in Varanasi utilizing contemporary innovation.
It reserved an October 14 order of the Varanasi District Court that turned down a plea for clinical examination, consisting of carbon dating, of the structure found in May 2022 throughout a court-mandated study of the Gyanvapi mosque situated beside the Kashi Vishwanath temple.
Following the high court order, a regional court at Varanasi on May 16 consented to hear a plea for a study by the Archeological Survey of India (ASI) of the whole Gyanvapi mosque properties.
Accepting the petition submitted by attorney Vishnu Shankar Jain, who represents the Hindu side, District Court Judge A K Vishvesh asked the Gyanvapi mosque committee to submit its reply to the plea by May 19. The court repaired the next hearing in the matter on May 22.
Prior to this, the high court, on May 12, directed the Varanasi district judge to continue, in accordance with law, on the application by the Hindu worshippers for performing a clinical probe of the ‘Shivling’.
The high court order had actually stated no damage ought to be done to the structure, which the Hindu petitioners claim is a ‘Shivling’. The mosque authorities state it is part of a water fountain in the ‘wazu khana’, where ablutions are performed prior to namaz.
The high court passed the order on a modification petition submitted by Laxmi Devi and 3 others challenging the Varanasi court order.
The high court had actually acquired a report from different organizations, consisting of the IITs in Kanpur and Roorkee and Birbal Sahni Institute of Lucknow, prior to purchasing for decision of the age of the structure.
The report states direct dating of the structure is not possible and the age can be determined with proxy dating of products, which can “associate with the facility of the ‘lingam’ if there is any”. “This requires a comprehensive research study of the products surrounding the ‘lingam’,” it includes.
The report likewise recommends the dating of some natural products listed below the surface area can determine the age however it requires to be developed that they belong to the structure.
The court thought about recommendations of Prof Javed N Malik of Department of Earth Sciences, IIT Kanpur.
Prof Malik recommended that to comprehend the buried product and structure it would be necessary to carry out a comprehensive subsurface study through Ground Penetrating Radar (GRP). This will be useful towards determining the remains of the ancient structures buried, if any, at the website, he included.
The ASI, in its 52-page report, had actually offered the viewpoint that the age of the structure can be identified through clinical approach without triggering any damage to it. Its viewpoint was based upon research studies carried out by IIT Kanpur, IIT Roorkee, Birbal Sahni Institute, Lucknow, and another academic institute.
On November 4, 2022, the high court had actually looked for the reaction of the ASI in the matter and directed the ASI director basic to send his viewpoint whether examination of the stated structure, if analyzed through carbon-dating, GPR, excavation and other approaches embraced to identify its age, nature and other pertinent details, is most likely to harm it or a safe examination about its age can be done.
A suit was submitted in the Varanasi District Court looking for the right to routine praise of Maa Shringar Gauri and other divine beings whose idols the petitioners sent lie in the mosque complex.
