The High Court of Allahabad has said that the scientific investigation for finding out whether the object found during the Gyanvapi Mosque premises was aShiva linga or a fountain, should be done without damaging the object.
A Bench comprising of Justice Arvind Kumar Mishra-I came this conclusion after reading through the Archaeological Survey of India (ASI) report before the Court.
The justice said that the Court has no hesitation in observing that the report forwarded by the Superintending Archaeologist, ASI Sarnath Circle, Sarnath, Varanasi, would make it feasible and convenient that scientific investigation can be made to the extent and purport without causing harm to the site / Shivlingam in issue.
The Bench also said that the natural premise that would follow, would proceed on theme that the actual site of the Shivlingam would remain preserved and protected.
The Court said that the technical and scientific report by the Archeological Survey of India has opened doors for carrying out scientific investigation of the Shivlinga without causing any damage to the structure in question.
The Bench set aside Varanasi District Court’s order of October, 2022 which had rejected a the plea filed by by Hindu parties seeking directions to the ASI to conduct a scientific investigation after taking into consideration the report submitted by the ASI and arguments made by parties.
The court has thus directed
the District Judge, Varanasi to proceed in the case and do scientific investigation of the Shivlinga under aegis and guidance of the ASI.
The Court was hearing a revision plea was filed by Hindu side against the Varanasi District Court order of October 2022.
The Hindu parties had moved the Court contending that the object discovered at the site after survey by an advocate commissioner is a Shiva Linga which is an object of worship for Hindu devotees and has been existing within the premises in question since time immemorial.
In light of this, it was argued that with the aim to do complete justice and to provide a remedy to a large number of Lord Shiva worshippers, it is necessary that the Court direct the ASI to find the nature and age of the same.
The case itself began when Hindu devotees approached a civil court seeking the right to worship inside Gyanvapi Mosque, claiming that it was a Hindu temple and still houses Hindu deities.
The civil court ordered a survey of the Mosque by an advocate commissioner, who then videotaped the premises and submitted a report to the civil court. The report, among other things, stated that an object similar in appearance to a Shivling was found.
On October 14 last year, the civil court passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain, as claimed by the respondents.