The Supreme Court on Friday deferred the Allahabad High Court’s order to conduct a scientific survey of an oval object found in Varanasi’s Gyanvapi mosque till the next hearing, reported Live Law.
The Hindu petitioners seeking the right to conduct religious rituals in the mosque premises have claimed the object is a shivling – an idol to depict the Hindu deity Shiva.
A bench comprising Chief Justice of India DY Chandrachud and Justices PS Narasimha and Justice KV Viswanathan passed the order on a petition filed by the Anjuman Islamia Masjid committee, the caretaker of the mosque, against the High Court’s May 12 order. The scientific survey is to be done to ascertain the age of the object.
The Supreme Court said it needs to tread carefully on the matter and that the order needs closer scrutiny, reported PTI.
In May last year, the oval-shaped object was found during a survey of the mosque premises ordered by a Varanasi civil court. The caretaker committee of the mosque has claimed the object was a defunct fountainhead in the wazu khana or ablution tank.
The Hindu plaintiffs had filed a petition seeking carbon dating of the object. In October, a Varanasi district court turned down the plea, saying that any kind of survey within the mosque premises will be a violation of the Supreme Court’s order on May 17, 2022, to protect the area where the oval object was found.
Setting aside the Varanasi district court order, the Allahabad High Court had held that a scientific investigation of the object can be done without causing any harm to it. The High Court had made the decision based on a report by the Archaeological Survey, Justice Arvind Kumar Mishra-I said in his judgement.
At Friday’s hearing, senior advocate Huzefa Ahmadi, appearing for the mosque committee, told the court that the survey will begin on May 22. Ahmadi also submitted that the High Court had passed the scientific survey order even though his client’s appeal against the maintainability of the Hindu litigant’s plea has been reserved since December, reported Live Law.
The advocate stated that he did not get time to file objections to the Archaeological Survey report, which was submitted a day before the High Court passed the judgement.
Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, expressed concern about the oval object being damaged during the survey.
The Supreme Court then issued notices to the Centre, the Uttar Pradesh government and the Hindu petitioners on the mosque panel’s plea, reported PTI.
Meanwhile, the Hindu plaintiffs have moved another application in the Varanasi district court seeking a survey of the entire premises of the mosque to find out whether it had been constructed over a Hindu temple.
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