Journalism of Courage
The Allahabad High Court has directed the Archaeological Survey of India (ASI) to appear before the Varanasi District Judge on May 22 and to do the needful for carrying out the “scientific investigation” of a ‘shivling’, said to have been found at the Gyanvapi mosque premises in Varanasi.
In an order passed on Friday, May 12, Justice Arvind Kumar Mishra-I directed the ASI to “render assistance” to the Varanasi District Judge for carrying out the scientific investigation. The court also directed the parties in the case to be present before the District Judge’s court on May 22.
Setting aside a lower court order, the Allahabad High Court on Friday ordered a “scientific investigation”, including carbon dating, of the ‘shivling’, said to have been found during a videographic survey last year.
During the survey, a structure — claimed to be a ‘shivling’ by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16, 2022.
After the Varanasi District Judge rejected their application for a scientific survey and carbon dating of the ‘shivling’ on October 14, 2022, petitioners Laxmi Devi and three others filed a plea in the high court, challenging the order, which was set aside by Justice Arvind Kumar Mishra-I.
“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/Shivlingam in issue as such it can be concluded that the Shivlimgam/site would remain preserved and protected even after the scientific investigation for determining the age, nature and status of the site/Shivlingam is done,” the court said, allowing the civil revision filed by Laxmi Devi and three others.
“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,” said the high court on May 12.
The court also directed 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.
The high court passed the order after “carefully” perusing “the original (52-page) report” submitted by the Superintending Archaeologist, ASI, Sarnath Circle, Varanasi, in April.
The ASG described the report by summing up that the opinion of the ASI “is based upon views/opinions of various renowned IITs (Indian Institutes of Technology) located in various regions of India”, and “also about the scientific analysis of various methods and approach likely to be adopted for carrying out survey of the structure in question on the site”.
The local court order on October 14 last year, which the high court set aside, had observed that the prayer made for scientific investigation of the structure (in the shape of Shivlingam) cannot be ordered as that would be in “violation” of the Supreme Court order dated May 17, 2022, directing the site / Shivlingum to be preserved and protected.
The lawyers for the petitioners claimed that when the report of ASI is considered “would reflect connotation, expressed and implied, that scientific survey of the site/Shivlingam can be managed and done without causing harm to the site in question”.
The lawyers, appearing on behalf of the Anjuman Intezamia Masjid Committee (AIMC), “raised preliminary objection regarding the proceeding of this Court” in view of the Supreme Court order dated May 17, 2022.
After much discussion on the various methods suggested in the ASI report, the ASG “suggested that scientific investigation of the site can be ably done without causing harm to the Shivlingam/ site”.
