SC defers scientific survey, carbon dating of ‘Shivling’ found at Gyanvapi mosque

NEW DELHI: The Supreme Court on Friday deferred the ‘scientific survey’ including carbon dating of the purported ‘shivling’ said to have been found at the Gyanvapi mosque complex in Varanasi during a videographic survey last year.

A bench of Chief Justice of India (CJI) DY Chandrachud, Justices PS Narasimha & KV Viswanathan put on hold the carbon dating of the ‘shivling’ saying that the implementation of the directions contained in the Allahabad High Court’s order shall stand deferred till the next date of hearing.

The structure was found at the Gyanvapi mosque complex last year during a videographic survey. While the Hindu side claimed the structure to be a ‘shivling’, the Muslim side claimed it to be a fountain.

Solicitor General (SG) Tushar Mehta had said the government will also examine, in consultation with Archaeological Survey of India (ASI), alternative methods to ascertain the age of the ‘shivling’/fountain.

“While doing the exercise which we are called to do, if there is some damage to the structure, we will have to see how it can be done. Your lordships can consider it may wait for your lordships’ adjudication,” Mehta for UP Govt and Centre told the bench.

While the bench issued a notice in the plea, the Gyanvapi mosque management committee challenged the HC’s May 12 ruling. Senior advocate Huzefa Ahmadi said, “Carbon dating & scientific survey has to be started on Monday.”

While considering a civil revision filed by Laxmi Devi and four others on May 12, Justice Arvind Kumar had set aside the lower court’s October 14, 2022 order and had also directed the ASI to appear before Varanasi District Judge on May 22 and thus do the needful for undertaking a scientific investigation of ‘Shivling’ found at the Gyanvapi Mosque premises.

Pursuant to perusing the original 52-page report submitted by Superintending Archaeologist, ASI, the HC also directed the Additional Solicitor General (ASG) of India, Shashi Prakash Singh, “to issue suitable directions to the concerned authority” of the ASI to appear before the Trial Judge /District Judge, Varanasi, on May 22.

“While proceeding in the matter and viewing the things from that angle, the overall impression that trickles out from the careful perusal of the report of the Archaeological Survey of India indicates, to all intents and purposes, that scientific investigation of the site can be suitably carried out without causing harm to the site/’shivling’ in issue as such it can be concluded that the site/’shivling’ would remain preserved and protected even after the scientific investigation for determining the age, nature and status of the site/Shivlingam is done,” the HC had said.

It further said, “It is directed that the Trial Judge/District Judge, Varanasi will proceed further with the case and scientific investigation of the site/Shivlingam shall be directed to be done under aegis and guidance of the Archaeological Survey of India to the extent and import as observed hereinabove in this order and the entire exercise shall be done under direction and supervision of the trial court and all consequential necessary directions shall be passed/issued in that regard by it.”