Order on Scientific Survey Request for Gyanvapi Mosque Today: Varanasi Court

After completion of arguments on a petition on 14th July, 2023, Friday, a Varanasi Court will pronounce its order on Friday 21st July, 2023 on a petition filed by the Hindu side requesting for a "scientific survey" of the entire Gyanvapi mosque premises by the Archaeological Survey of India (ASI).

 

In May of this year, petitioners Laxmi Devi and three others filed a plea in the High Court, challenging the order issued by the lower court. Prior to this plea, they had also filed another petition seeking permission to offer prayers at the "Shringar Gauri Sthal" within the shrine complex.

 

A structure claimed to be a "fountain" by the Hindu side and fountain by  the other was found on the mosque premises last year on May 16 during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.

 

Journey of the order on Scientific survey:

On 6th July, 2023, Hindu petitioners urged the Supreme Court to consider a petition challenging Allahabad High Court's order to Archaeological Survey of India for conduction of a "scientific survey", including carbon dating of a "Shivling" said to be found in the mosque complex during a videographic survey last year.

 

The petitioners addressed a letter to the Registrar of the Supreme Court, indicating that the case was scheduled before the highest court on May 19, 2023. On that date, the court postponed the implementation of the directives until July 6, 2023.

 

Scientific survey of the "Shivling" in the premises of the Gyanvapi complex was allowed by the Allahabad High Court under the supervision and direction of District Judge, Varanasi.

 

But the Carbon dating of "Shivling" was put on hold by the Supreme Court stating that the implementation of the directions in the Allahabad High Court's order shall stand deferred till the next date of hearing.

 

The bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and KV Viswanathan stated that the implications of the challenged order required careful examination. Thus, the implementation of the directions mentioned in the order would be deferred until the next date.

 

The bench also issued notice to the Centre and Uttar Pradesh government on the Gyanvapi mosque management committee's appeal against the High Court's order for an ASI-led scientific investigation of the "Shivling's" age.

 

Huzefa Ahmadi, the counsel for the Gyanvapi mosque committee, said carbon dating and survey would start soon. Solicitor General Tushar Mehta, representing Uttar Pradesh, stressed no damage to the disputed structure, a "Shivling" or fountain. Advocate Vishnu Shankar Jain assured no harm during ASI investigation.

 

On 12th May, 2023, the High Court overturned the Varanasi District judge's order, which had denied the application for a scientific survey and carbon dating of the "Shivling" on 14th October, 2022.

 

Furthermore, the High Court instructed the Varanasi District judge to carry out a scientific investigation of the "Shivling" as requested by the Hindu worshippers, in compliance with the applicable laws.

Petitioners then filed an appeal in the High Court, contesting the order issued by the lower court.

 

On July 14, Advocate Vishnu Shankar Jain, representing the Hindu side, stated,  "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."

 

Latest in the morning, Advocate Subhash Nandan Chaturvedi, Hindu side's lawyer on Gyanvapi matter, "The decision that is supposed to be pronounced today is on the ASI survey that we had demanded, except on the sealed area in the premises. The sealed area's matter is pending before the Supreme Court and the SC said that ASI survey should not be done in the area until the decision is pronounced on the same...Both parties had argued their sides and the Muslim side had raised its objection...Today's decision will be a turning point for us..." 

 

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