SC defers survey of ‘Shivling’ at Gyanvapi, CJI says must ‘tread a little carefully’

While a trial court had earlier rejected a plea by the Hindu side for a scientific survey of the “Shivling”, the Allahabad HC, on May 12, had ordered the survey.

Appearing for the Uttar Pradesh government on Friday, Solicitor General Tushar Mehta expressed concern about likely damage to the structure if the survey was carried out, and agreed that it should be put on hold till the SC takes a view.

“One of my concerns as an officer of the court is that while doing the exercise which we are called upon to do — carbon dating etc — if there is some damage to the structure, which one side says is a Shivling, and the other side says is a fountain, … we will have to see how it can be done. Your Lordships can consider that it may await Your Lordships’ adjudication,” Mehta told the bench, which included Justices P S Narasimha and K V Viswanathan.

Appealing against the HC order, Senior Advocate Huzefa Ahmadi said the direction came even as a judgment on an appeal filed by the mosque committee, challenging the maintainability of the suit by some Hindu women seeking the right to worship at the disputed premises, is pending.

He said that as per the HC order, the carbon dating and scientific survey was supposed to start on May 22. “Let them not (do it) during the holiday,” Ahmadi said.

The SC will be on summer recess from May 21 to July 2.

The CJI then asked the SG if he would like to take instructions. “Let’s examine it a little carefully,” he said.

Appearing for some of the Hindu parties, Advocate Vishnu Shankar Jain submitted that before passing the May 12 order, the HC had sought a report from the Archeological Survey of India (ASI). Four experts of the ASI had given a categorical report where they said the structure would not be damaged, he said.

“I think what the SG is saying is assuming that the carbon dating has to be carried out, there may be such implications in regard to the manner in which it is carried out,” the CJI responded.

“We may also find out if there is some other technology etc,” said Mehta.

Jain said he was only suggesting that the court could call for the ASI report.

“We are not averse to calling for a report from the ASI… The SG’s submissions… let them consider the situation. Obviously, they are going to consult the ASI in the meantime. Let the government also consider what the options are, what the issues are. These are matters where one has to tread a little carefully. So let’s defer this right now,” the CJI said.