On May 16 last year, the court-ordered videographic survey of the Kashi Vishwanath temple-Gyanvapi mosque was completed by a Commission appointed by a local court
SETTING ASIDE a lower court order, the Allahabad High Court on Friday ordered a “scientific survey”, including carbon dating, of a “Shivling” said to have been found at the Gyanvapi mosque complex in Varanasi during a videographic survey last year.
During the survey, a structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16 last year.
After the Varanasi District Judge rejected their application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022, petitioners Laxmi Devi and three others filed a plea in the High Court, challenging the order.
In their plea before the High Court, the petitioners prayed “to make appropriate survey or undertake Ground Penetrating Radar (GPR) and/or excavation associating the petitioners to find out the nature of construction beneath the Shivlingam discovered on 16.05.2022”.
The petition further prayed for “scientific investigation by carbon dating or otherwise to determine the age, nature and other constituents of the Shivlingam”.
The Bench of Justice Arvind Kumar Mishra-I passed the order on Friday.
Advocate Hari Shankar Jain, who represented the petitioners, told The Indian Express, “The High Court has agreed to our prayer for a scientific probe of the Shivling that was found inside the so-called mosque complex. The Muslim side says it is a fountain. We say it is a Shivling. The court has ordered that without any damage to the Shivling, analysis and study of it be done.”
“The court has set aside the order passed by the District Judge, Varanasi. The District Judge, in his order, had rejected our prayer for carbon dating analysis and other scientific survey of the Shivling,” Jain said.
Senior Advocate Syed Farman Ahmad Naqvi, who represented the Anjuman Intezamia Masjid Committee (AIMC), said a decision on whether the High Court order should be challenged in the Supreme Court will be taken after discussions with the mosque committee and other responsible people. “We will decide soon,” he said.
“The court has allowed the Hindu side’s petition and has ordered that a scientific investigation, including carbon dating, be done on the object found in the mosque premises. The court had earlier sought the opinion of the Archaeological Survey of India, which told the court with some reservations that carbon dating can be done through a new method where the structure won’t be damaged,” said Naqvi.
“The Supreme Court had said that the structure must be protected. And the ASI has also expressed reservation regarding its safety if a survey is done. If something happens to the structure during the survey, that will be in violation of the apex court’s orders,” he said.
On April 8 last year, while hearing a petition filed by five local women, Civil Judge (Senior Division), Varanasi, Ravi Kumar Diwakar had ordered a survey at the Kashi Vishwanath temple-Gyanvapi mosque site by a court-appointed Commission of the Maa Shringar Gauri Sthal. It directed the Commission to “prepare videography of the action” and submit a report.
The survey of the premises was conducted over three days and concluded on May 16 last year. The inspection was done in the presence of court-appointed Advocate Commissioners, lawyers from both sides, all concerned parties and officials.
In November last year, the Supreme Court had extended its interim direction securing the area in the Gyanvapi complex where the “Shivling” was claimed to have been found without impeding or restricting the rights of Muslims to access and offer namaz there till further orders.
