Gyanvapi verdict: ASI to conduct 'scientific survey' barring area sealed earlier; Muslim side to approach HC
Gyanvapi mosque hearing: A structure -- claimed to be a “Shivling” by one side and a “fountain” by the other side -- was found on the mosque premises.
Gyanvapi mosque hearing: A Varanasi court on Friday allowed the Archaeological Survey of India (ASI) to conduct “scientific survey” of Gyanvapi mosque premises, barring the disputed (Wazu Tank) area. The petition has been filed by the Hindu side seeking the court's intervention on the matter. Earlier on July 14, the court had completes arguments on a petition.
The survey team has been asked by the court to submit its report by August 4.
However, after the judgement, the Muslim side has said that it will now approach the High Court against the Varanasi court's verdict.
Speaking on the matter, Vishnu Shankar Jain, representing the Hindu side in the Gyanvapi mosque case, said, "I have been informed that my application has been approved and the court has directed to conduct an ASI survey of the Gyanvapi mosque complex, excluding the Wazu tank which has been sealed."
In May this year, the petition was filed by five women who in another plea had earlier sought permission to pray at the “Shringar Gauri Sthal” inside the shrine complex. A structure -- claimed to be a “Shivling” by one side and a “fountain” by the other side -- was found on the mosque premises.
What Hindu counsel said?
Earlier on July 14, advocate Vishnu Shankar Jain, the counsel for the Hindu side, said that the matter has been submitted in court. "We kept our point in front of the court... Honourable Supreme Court on May 21 gave judgment in our favour.. we kept our viewpoint in front of the district court seeking an investigation of the site by ASI... Let us wait for the court’s order," he added.
A petition challenging the Allahabad High Court's order requiring the Archaeological Survey of India to conduct a "scientific survey," including carbon dating, of a "Shivling" allegedly discovered at the Gyanvapi mosque complex in Varanasi during a videographic survey last year was filed by Hindu petitioners in the Gyanvapi case earlier on July 6. In a letter to the Supreme Court Registrar, the petitioners claimed that the matter had been assigned to the High Court on May 19, 2023, but that it had postponed carrying out the rulings until July 6, 2023.
Supreme Court put carbon dating of 'Shivling' on hold
The carbon dating of the "Shivling" had previously been placed on hold by the Supreme Court, which ruled that the Allahabad High Court's order's should not be implemented until the next hearing date. The scientific survey of the "Shivling" within the boundaries of the Gyanvapi complex was permitted by the Allahabad High Court, with the supervision and guidance of District Judge Varanasi.
The "scientific survey" had been deferred by a bench of Chief Justice of India DY Chandrachud, Justices PS Narasimha, and KV Viswanathan, who stated, "Since the implications of the impugned order merit closet scrutiny, the implementation of the directions concerned in the order shall stand deferred till the next date."
What's the matter?
The bench had also issued notice to the Centre and Uttar Pradesh government on the appeal of the Gyanvapi mosque management committee against the High Court's order for scientific investigation by ASI to determine the age of "Shivling". Senior advocate Huzefa Ahmadi, appearing for the Gyanvapi mosque management committee, had told the bench that the carbon dating and the survey will commence soon. Solicitor General of India Tushar Mehta, appearing for the State of Uttar Pradesh, had submitted that there should be no damage to the structure which one side claims a "Shivling" and the other calls a fountain.
Earlier on May 12, the High Court set aside the Varanasi District judge's order which had rejected the application for a scientific survey and carbon dating of the "Shivling" on October 14, 2022. The High Court had 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".
(With inputs from ANI)