Gyanvapi row: Supreme Court defers Allahabad HC order allowing scientific survey of ‘Shivling’

NEW DELHI: The Supreme Court on Friday deferred the Allahabad High Court's order of conducting a “scientific survey” of the 'Shivling', which was claimed to have been found inside the Gyanvapi mosque during the videography survey of the premises in May, 2022.

A three-judge bench led by Chief Justice of India D Y Chandrachud said the implications of the High Court's May 12 needs closer scrutiny, so its implementation should stand deferred till the next date of hearing.

Solicitor General Tushar Mehta also agreed for it.

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He said government will also examine in consultation with the Archeological Survey of India to find out if there could be some better way of ascertaining the age of 'Shivling' than carbon dating without causing any damage to the structure.

Senior advocate Huzefa Ahmadi, appearing for Anjuman Intejamia Masjid Committee questioned the validity of the order, saying suit in the matter was still pending for consideration. He said the order was passed on May 12 on the basis of ASI report filed a day ago and without giving it an opportunity to file its objections.

Advocate Vishnu Shankar Jain, appearing for the Hindu side, contended the order was in no violation of the provisions of the Civil Procedure Code. He said the top court may also look into the ASI report which asserted that the survey can be done without any damage to 'Shivling'.

A single bench of Justice Arvind Kumar Mishra had on May 12 overturned the earlier decision of a Varanasi court, which had rejected the plea made by some Hindu women, saying that it could ‘damage’ the structure which would be in violation of the Supreme Court order for safe keeping and preservation of the 'Shivling’.

Acting on a challenge made the Hindu women, the HC had directed the Archaeological Survey of India (ASI) to conduct a scientific investigation through carbon dating to ascertain the age of the ‘Shivling’ without causing any damage to it.

The court had earlier directed the ASI to file a report if the carbon dating of the ‘Shivling’ could be done without causing any damage to it.

A revision application was filed against the Varanasi court's order of October 14, 2022 that had rejected Hindu sides' plea for conducting a scientific assessment of 'Shivling' found during a survey on May 16, 2022.

A group of Hindu women, led by advocates Hari Shankar Jain and Vishnu Shankar Jain, who sought permission for prayer at the complex, contended when the Muslim side is describing the 'Shivling' as a fountain, scientific investigation was required to be carried out for proper adjudication of the controversy.

They claimed that the district court has failed to exercise the jurisdiction and rejected the application on basis of "conjectures and surmises without appreciating the facts and law applicable in the case".