On Friday, the Supreme Court directed the Gyanvapi Masjid Committee to respond to an application filed by a group of Hindu worshippers seeking an Archaeological Survey of India (ASI) survey of the sealed area of the mosque in Varanasi, where a ‘Shivlinga’ was purportedly discovered.
The Court has set the matter for hearing on 17 December.
The bench, comprising Justices Surya Kant and Ujjal Bhuyan, issued notices to the Committee of Management, Anjuman Intezamia Masjid, which manages the mosque, along with other parties involved.
In addition, the bench announced that it would also hear other related petitions on the same day, including a request to consolidate all suits related to the Gyanvapi case and transfer them from the Varanasi district court to the Allahabad High Court.
The application stated that an interim order issued on 20 May 2022, and confirmed on 11 November 2022, had sealed part of the building, preventing the ASI from surveying the sealed area of the property.
It further highlighted that crucial evidence and materials related to the temple are located within the sealed area, which are vital for the case’s outcome.
The application emphasized that the ASI should survey this section of the building using the same scientific techniques applied to the other areas, as detailed in the report dated 18 December 2023.
The petitioners argued that, in the interest of justice, it would be appropriate to direct the ASI to carry out a scientific survey of the sealed area using the latest investigative methods and submit a report within the timeframe set by the court. They further requested that the court modify the interim order of November 11, 2022, accordingly.
“Pass an order directing ASI to conduct survey using all possible scientific methods of the sealed area of the property in question and submit report within time provided by the court. Suitably modify the order dated November 11, 2022 permitting ASI to conduct survey within sealed area of the property in question,” the petitioners urged.
The Supreme Court previously halted the carbon dating of the ‘Shivling,’ stating that it would defer the implementation of the directions in the Allahabad High Court’s order until the next hearing.
The Allahabad High Court permitted a scientific survey of the ‘Shivaling’ within the Gyanvapi complex, assigning the District Judge of Varanasi to supervise its conduct.
However, the Supreme Court postponed the survey, stating, “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.”
The controversy surrounding the Gyanvapi Masjid escalated after a court-mandated survey on 16 May 2022, found a structure that both Hindu and Muslim sides have claimed as either a Shivling or a fountain, respectively.
The discovery occurred during an inspection of the mosque, which is located adjacent to the Kashi Vishwanath temple.
In response to a petition filed by Laxmi Devi and three others, the Allahabad High Court had set aside a Varanasi district judge’s order that had denied permission for a scientific survey and carbon dating of the Shivling.
The petitioners are now seeking further legal intervention to ensure that the scientific investigation proceeds without delay.
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