Gyanvapi case: Muslim party moves Supreme Court against Allahabad High Court permission for scientific analysis of Shiva Linga

An appeal has been filed before the Supreme Court challenging an order of the Allahabad High Court allowing a scientific investigation to ascertain whether the object found during the survey of the Gyanvapi Mosque premises is a Shiva linga or a fountain. .The case was mentioned before a bench comprising the Chief Justice of India (CJI) DY Chandrachud, Justices PS Narasimha and JB Pardiwala by Senior Advocate Huzefa Ahmadi representing the Muslim party in the matter.He submitted that while an appeal filed by the Committee of Management of Anjuman Intezamia Masjid challenging the Varanasi court order on the issue of maintainability was still pending, an order for carbon dating was allowed by the court. .The Supreme Court agreed to list the case for hearing tomorrow. .In the order passed on May 12, Justice Arvind Kumar Mishra-I of the High Court decided to allow scientific investigation after scrutinizing a report submitted by the Archaeological Survey of India (ASI)."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. That way, the natural premise that would follow, would proceed on theme that the actual site of the Shivlingam would remain preserved and protected," the High Court said..The technical and scientific report of the ASI has opened ways for carrying out scientific investigation of the Shivlinga without causing any damage to the structure in question, the High Court added..Taking into consideration the report submitted by the ASI and arguments made by parties, the High Court 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.It, therefore, 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 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.The matter was later transferred to the District Court, Varanasi on orders passed by the Supreme Court.On October 14 last year, the District 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.The order of the District Court was challenged before the High Court on the ground that it wrongly presumed that a scientific investigation in the form of carbon dating or use of a ground penetrating radar would harm or damage the object.The High Court ruled in favour of the Hindu party leading to the present plea before the top court.