Shringar Gauri issue: Allahabad high court admits plea against rejection of demand for carbon dating of Shivling-like structure - Hindustan Times
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Shringar Gauri issue: Allahabad high court admits plea against rejection of demand for carbon dating of Shivling-like structure

ByJItendra Sarin, Prayagraj
Nov 05, 2022 12:42 AM IST

Justice JJ Munir, while admitting the revision petition filed by Laxmi Devi and others, also directed to issue notices to opposite parties (the Anjuman Intezamia Masjid Committee that manages the Gyanvapi mosque, the district authorities, etc.)

The Allahabad high court on Friday admitted a petition challenging the Varanasi district judge’s October 14 order that had rejected the plea for carbon dating or any other scientific investigation of the Shivling-like structure found in the Gyanvapi complex during a survey in May.

The Allahabad high court has fixed November 21 for the next hearing. (REPRESENTATIVE IMAGE)
The Allahabad high court has fixed November 21 for the next hearing. (REPRESENTATIVE IMAGE)

The petitioners had filed an application on September 22 before the Varanasi district court hearing the Shringar Gauri-Gyanvapi case to seek carbon dating or any other scientific investigation of the Shivling-like structure.

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The petitioners had sought appointment of experts of the Archaeological Survey of India (ASI) to find out the age and nature of the Shivling-like structure which was discovered on May 16 during a survey of the Gyanvapi complex premises conducted by a court- appointed advocate commission.

Justice JJ Munir, while admitting the revision petition filed by Laxmi Devi and others on Friday, also directed to issue notices to opposite parties (the Anjuman Intezamia Masjid Committee that manages the Gyanvapi mosque, the district authorities, etc.) The high court fixed November 21 for the next hearing.

Laxmi Devi is one of the five original petitioners in the Shringar Gauri-Gyanvapi case. In August 2021, they moved a Varanasi court, seeking permission for daily worship of Shringar Gauri and other deities on the outer wall of Gyanvapi mosque.

In the present matter, according to the petitioner, it was presumed by the district court that harm/damage may be caused to the Shivling-like structure, which is an article of faith for crores of devotees of Lord Shiva, if ground penetrating radar is allowed or any type of scientific investigation or carbon dating is conducted.

However, as per the petitioner, there was no prayer made in the application for making any scientific investigation which may cause any harm in any manner to the Shivling-like structure and, without material on record, the court rejected the application merely on presumption.

The plea for carbon dating had also sought a GPR (ground penetrating radar) survey which is a method that uses an electromagnetic energy signal to image the subsurface.

MAINTAINABILITY ISSUE: NEXT HEARING ON NOV 22

The Allahabad high court on Friday adjourned till November 22 the hearing of a civil revision petition filed by Anjuman Intezamia Masjid Committee (AIMC) challenging the Varanasi court order by which it had rejected the mosque management committee’s objection to maintainability of the suit filed by five Hindu women seeking permission to worship Shringar Gauri and other deities on the outer wall of Gyanvapi mosque daily.

Justice JJ Munir, on the joint request of lawyers of the parties concerned, fixed November 22 as the next date of listing of the case.

The Varanasi district judge had on September 12 dismissed the AIMC’s plea filed under Order 7 Rule 11 of the Civil Procedure Code (CPC), challenging the maintainability of the suit filed by the five Hindu plaintiffs.

The Varanasi district judge had observed that the suit of the plaintiffs is not barred by the Places of Worship (Special Provisions) Act, 1991, The Waqf Act 1995, and the UP Shri Kashi Vishwanath Temple Act, 1983 as was being claimed by the AIMC.

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