Gyanvapi: 'Scientific Probe Of 'Shiva Linga' Possible Sans Causing Any Damage To It': ASI Informs Allahabad HC; Varanasi Court To Supervise Survey

The Archaeological Survey of India (ASI) on Friday submitted before the Allahabad High Court that a scientific survey of the 'Shiva Linga' purportedly found inside the Gyanvapi Mosque premises in Varanasi can be managed and done without causing harm to the same.

In this regard, a report was filed by the ASI before the Bench of Justice Arvind Kumar Mishra-I stating its opinion regarding all the options available for conducting a scientific survey of the site with the possible outcome of the scientific investigation. The report elaborated on those methods.

Appearing for the ASI, the Additional Solicitor General of India Shashi Prakash Singh assisted by Advocate Manoj Kumar Singh submitted that those methods which help in carrying out scientific investigation/survey of the site without damaging it should be adhered to and given a green signal by this Court so that actual age of the Shivlingam / site may be ascertained.

Importantly, the AS, in its report, categorically stated that direct dating of the Shiva Linga/Lingam is not possible and the age can be ascertained only with proxy dating of materials which can directly correlate with the establishment of the lingam if there is any.

The Submission was made before the bench of Justice Mishra-I which was hearing a revision plea moved by 4 women Hindu worshippers challenging the Varanasi Court's October 14 order wherein the court had rejected their plea for conducting a scientific probe of the 'Shiva Linga', to determine its age.

At the outset, the Senior Counsel Syed Farman Ahmad Naqvi appearing for respondent no.4 raised a preliminary objection regarding the proceeding of the Court in view of the Supreme Court's May 17, 2022 order wherein it was ordered that the structure in issue/'Shiva Linga' is required to be protected/preserved, therefore, it was submitted that it cannot be disturbed and any order passed for carrying out a survey or scientific investigation of the site would be violative of the aforesaid order.

However, when a specific submission was made by the counsels for the ASI that scientific investigation of the site can be ably done without causing harm to the Shivlingam / site.

The ASG was innocuous on point while claiming that a cumulative reading of the report submitted by the Archaeological Survey of India does not make it a point that any scientific investigation of the Shivlingam / site if carried out, would damage it. Similar arguments were raised by Additional Advocate General Mahesh Chandra Chaturvedi

Against that backdrop of all these submissions, the Court got an overall impression from the ASI's report that 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.

"In view of the above discussion, the natural conclusion emerges that scientific investigation of the Shivlingam / site, under the able guidance of the Archaeological Survey of India assisted by the experts, scientists, and archaeologists, can be done conveniently subject to the rider that the site / Shivlingam in question shall not be damaged and it shall be preserved and protected in its present shape...the natural premise that would follow would proceed on theme that the actual site of the Shivlingam would remain preserved and protected. It being a factual reality, the technical and scientific report of the Archaeological Survey of India has opened ways for carrying out scientific investigation of the site / Shivlingam without causing any damage to the structure in question" the Court said.

Consequently, the Allahabad High Court directed the Archaeological Survey of India (ASI) to conduct a scientific survey (using modern techniques) of the 'Shiva Linga' that has purportedly been found inside the Gyanvapi Mosque premises in Varanasi to ascertain its age.

With this, the order impugned dated 14.10.2022 passed by the District Judge, Varanasi, in Original Suit No.18 of 2022 Rakhi Singh Vs. State of U.P. and others was hereby set aside.

The Court further directed the trial Judge / District Judge, Varanasi to proceed further with the case and scientific investigation of the site / Shivlingam under aegis and guidance of the Archaeological Survey of India to the extent and the Court added that 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.

In order to facilitate the further course of action by the trial court of Varanasi pertaining to original suit no.18 of 2022 Rakhi Singh Vs. 11 State of U.P. and others, the Court directed the Additional Solicitor General of India to issue suitable directions to the concerned authority of the ASI to appear before the trial Judge / District Judge, Varanasi May 22 to seek suitable direction from the court of the District Judge, Varanasi and they will render assistance to the trial Judge and will do the needful for carrying out the scientific investigation of the structure in the light of the observations made in this order.

With this, revision was allowed.

Appearances

Counsel for Revisionist: Prabhash Pandey, Vishnu Shankar Jain

Counsel for Opposite Party: C.S.C., Amitabh Trivedi, Fatima Anjum, Manoj Kumar Singh, Saurabh Tiwari, Syed Ahmed, Vineett Sankalp, Zaheer

Case title - Laxmi Devi And 3 Otrs. vs. State Of U.P Thru Principal Sec.(Civil Sec.) Lko. Nd 5 Otrs. [CIVIL REVISION No. - 114 of 2022]

Case Citation: 2023 LiveLaw (AB) 147

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