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SC defers scientific survey to determine age of ‘Shivling’ found at Gyanvapi mosque

The Supreme Court on May 19 deferred the implementation of a direction given by the Allahabad High Court on May 12 to conduct carbon dating and scientific survey of the “shivling” allegedly found in the Gyanvapi mosque premises in Varanasi.

A three-judge Bench headed by Chief Justice of India DY Chandrachud said the “implications of the May 12 order would require closer scrutiny”. The carbon dating and scientific survey of the disputed structure was supposed to be held on May 22. The apex court ordered the exercise to be put on hold till the next date of hearing before it.

The Bench passed the order on a petition filed by the Anjuman Intazamia Masjid Varanasi, the mosque’s caretakers, represented by senior advocate Huzefa Ahmadi, against the High Court order.

“Solicitor General, would you like to take instructions on this… let us examine it a little carefully,” Chief Justice Chandrachud addressed Tushar Mehta, who was appearing for both the Centre and the State of Uttar Pradesh.

The law officer agreed with the court’s suggestion, highlighting the implications that may follow if the carbon dating and scientific survey happened to inadvertently “damage” the structure in question.

“My concern as an officer of the court is if by doing the exercise, there is some damage caused to the structure, which one side says is a shivling and the other side says is a fountain, whatever it may be… we will have to see how it can be done. Your Lordships, we will await your adjudication on this issue,” Mehta said.

Advocate Vishnu Shankar Jain, appearing for the Hindu women who were the plaintiffs in the suit claiming right to worship the shivling, said the High Court’s order was based on a 52-page report filed by the Archaeological Survey of India (ASI). He said the report had categorically stated that no damage would be caused to the ‘shivling’ during the scientific survey.

“0That the structure will not be damaged has already been taken into consideration,” he submitted. Jain asked the apex court to call for the ASI report.

But the court asked him to allow the government time to consider the issue after consultations with the ASI.

“Let the government consider the situation. They will obviously consult the ASI. Let the government also consider other options and the issues involved… These are matters the government has to tread a little carefully about,” the Chief Justice told Jain.

Ahmadi claimed the “so-called report” was not that of the ASI. He said it was filed on May 11. Their side was not given time to file detailed objections in the High Court before the order was passed. He said the lower court had refused the demand for carbon dating earlier. The case was still at the stage of pleadings and it was too early to call for scientific evidence before going into the legal questions involved.