Gyanvapi dispute: Allahabad HC notice to ASI on plea for scientific probe of ‘shivling’

ASI told to state whether it will be able to conduct scientific investigation of the disputed structure found inside mosque

November 04, 2022 09:29 pm | Updated 09:29 pm IST - New Delhi

An aerial view shows Gyanvapi mosque, left, and Kashiviswanath temple on the banks of the river Ganges in Varanasi. File

An aerial view shows Gyanvapi mosque, left, and Kashiviswanath temple on the banks of the river Ganges in Varanasi. File | Photo Credit: AP

In the ongoing Gyanvapi mosque-Kashi Vishwanath temple dispute, the Allahabad High Court on Friday issued notice to the Archaeological Survey of India (ASI), directing it to file an affidavit on whether it is possible to conduct a scientific investigation of the purported “shivling” found inside the mosque premises.

A single-judge Bench of Justice J.J. Munir was hearing a petition challenging an order of the Varanasi district court last month that rejected an application seeking carbon-dating of the purported “shivling”.

The application was first filed before Varanasi district judge A.K. Vishvesha by four of the five Hindu plaintiffs based on the findings of the survey ordered by a civil court in May this year.

While the Hindu plaintiffs claimed, based on the video survey that the structure was a “shivling”, the Anjuman Intezamia Masjid Committee of the Gyanvapi mosque had disputed this, insisting that it was part of the fountain in the mosque’s wuzu khana (ablution pond).  

The district court had rejected the application for scientific probe while noting that use of carbon dating techniques or ground-penetrating radar on the disputed structure would likely cause damage to it, which would go against the Supreme Court’s directions to protect the mosque premises, and would also “hurt the religious feelings” of the public. 

The plaintiffs have challenged this order of the district court before the Bench of Justice Munir, which has now asked the ASI to state whether it will be able to conduct any scientific investigation of the structure that can determine its nature, age, and constituents.

Before the district court, the Masjid panel had submitted that tests such as carbon-dating were not scientifically appropriate to determine the nature of structures such as the one under dispute and that conducting such tests would violate orders of the Supreme Court to protect the area it was found in.

“The ASI has been asked to file its affidavit by November 21, when the matter will be taken up for hearing next,” said Advocate Vishnu Shankar Jain, who is representing four of the five Hindu plaintiffs in the case.

However, in reply to another batch of petitions seeking an ASI survey of the entire Gyanvapi mosque premises, which is being heard by a separate Bench of the Allahabad High Court, the ASI had submitted earlier this week that it has the mandate and the capability to conduct archaeological explorations and would do its best to do so if ordered by a court.   

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