Sakina Tashrifwala
Published on: November 5, 2022 at 18:31 IST
The Varanasi Court’s October 14 judgment, which rejected Hindu worshippers’ request for a scientific investigation into the “Shiva Linga,” allegedly discovered inside the grounds of Gyanvapi Mosque, was challenged in court today, and the Allahabad High Court issued a notice to the Archaeological Survey of India (ASI).
It should be remembered that the Supreme Court’s order to protect the area where a “Shiv Linga” was allegedly discovered during the survey of the Gyanvapi Mosque led to the Varanasi Court rejecting Hindu devotees’ request for a scientific examination into the “Shiva Linga” last month.
A woman named Laxmi Devi had petitioned the High Court to contest that same order.
The matter has been scheduled for another hearing on November 21, 2022 by the Justice J. J. Munir bench. Together with Advocate Vishnu Shankar Jain, Advocate Hari Shankar Jain represented the petitioner in court.
The Circumstances of the Case
Readers should be aware that four of the five Hindu ladies who filed the primary lawsuit demanding permission to worship inside the grounds of the Gyanvapi Mosque also petitioned the Varanasi Court to conduct a scientific inquiry into the Shiva Linga that was supposedly discovered there.
Ten days after the Varanasi Court dismissed the Anjuman Islamia Masjid committee’s appeal (filed under Order 7 Rule 11 CPC), challenging the maintainability of the lawsuit filed by five Hindu women (plaintiffs) seeking worshipping rights within the Gyanvapi Mosque compound, they moved an application under Order 26 Rule 10A of CPC (which gives the Court the authority to issue a commission for scientific investigation).
However, the Varanasi Court rejected the request for a scientific inquiry on October 14 due to the Supreme Court’s directive to preserve the area where a “shiv linga” is alleged to have been discovered during the survey of the Gyanvapi mosque.
The Varanasi Court stated, “If Carbon Dating or Ground Penetrating Radar is allowed and if any harm is caused to the “Shiva Linga,” it would be a violation of the Supreme Court’s decision to safeguard it and it would also hurt the religious emotions of the general public.
Further opining that it was not appropriate to order the Archaeological Survey of India to ascertain the age and nature of the “Shiva Linga,” District Judge AK Vishvesha had stated in his order dated October 14 that there was no chance for the determination of the questions involved in the suit by way of this order.
It should be remembered that on May 16, when the court-appointed Advocate Commissioner claimed that he had discovered a Shiva Linga inside the Gyanvapi Mosque grounds during the survey, the statements regarding the presence of the Shiva Linga within the Gyanvapi Mosque premises were made publicly.
As a result, the Court had mandated that the location/area in question be sealed.