Tag: Archeological Survey of India

Allahabad HC Declines Stay On Pray In Gyanvapi Mosque

ASI May Seek More Time From Court On Gynavapi Survey Report

By LokMarg

With the timeline of four weeks granted to the Archaeological Survey of India by a Varanasi court to complete its survey in the Gyanvapi complex ending on Saturday, lawyers representing Hindu litigants said that ASI may seek more time from the court and may submit a preliminary report.

Sudhir Tripathi, an advocate representing the Hindu side, said they think “the survey is not completed yet”.

“ASI may give a primary report but they should not submit the final report yet as the survey is incomplete. After lunch, the court will hear the matter. There is a possibility that ASI may ask for more time from the court,” Tripathi told ANI.  

Shubhash Nandan Chaturvedi, also a lawyer representing Hindu litigants, said the four weeks given by the Varanasi district court to ASI to complete its survey end on Saturday.

 “We think that the survey is not completed yet and ASI may make a request to extend the date,” he said.

The scientific survey of the complex, adjacent to Kashi Vishwanath Temple, excluding ‘wuzukhana’, began on August 4, following the Allahabad High Court’s order, which allowed the ASI to conduct the survey to determine if the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple

Earlier, Advocate Vishnu Shankar Jain, also a lawyer for the Hindu side, said an out-of-court settlement in the Gyanvapi Mosque issue “is not legally possible”.

His remarks came after Jitendra Singh Bisen, the international president of the Vishwa Vedic Sanatan Sangh, wrote a letter to Anjuman Intejamia proposing an out-of-court settlement in the Gyanvapi case.

“…in matters related to the country and society, where a representative suit is filed involving the entire society, even if one person or party wants to settle alone, they cannot. So this initiative for an out-of-court settlement is not possible…as it is not legally possible,” Jain said.

The Allahabad High Court on August 3 had dismissed the plea filed by the Muslim side, the Anjuman Intezamia Masjid Committee, challenging the Varanasi court order allowing the ASI to conduct a scientific survey of the Gyanvapi mosque premises.

The Supreme Court had last month refused to stop the Archaeological Survey of India (ASI) from conducting its “scientific investigation” of the Gyanvapi premises in Varanasi. (ANI)

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Gyanvapi mosque ASI

Gyanvapi: Caveat Filed In Allahabad HC Over Direction For ASI Survey

By LokMarg

A caveat petition in the Gyanvapi case was filed by Rakhi Singh, a petitioner from the Hindu side, in the Allahabad High Court on Monday,  on the order of Varanasi Court directing a survey of the sealed area on the mosque complex by the Archaeological Survey of India (ASI).

The caveat petition was filed through advocate Saurabh Tiwari through the e-filing mode.
Also the main petitioner in the Shringar Gauri Sthal case, Rakhi Singh also came out in support of the ASI survey at the Gyanvapi mosque complex.

In her caveat, Rakhi urged the Allahabad High Court not to give its judgment without hearing the petitioner should the Anjuman Intezamia Masjid Committee approach it challenging the July 21 order of the Varanasi court.

“It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the application and may provide the opportunity of hearing before passing any order in favour of proposed Petitioner(s)/revisionist(s) and/or pass such other and further order , which this Hon’ble Court may deem fit and proper,” the caveat read.

Earlier, on Saturday, Rakhi Singh had filed a similar caveat in the matter.

On Monday, the Supreme Court ordered that Varanasi district court order of the Archaeological Survey of India (ASI) survey of the Gyanvapi mosque complex, adjacent to Kashi Vishwanath temples, shall not be enforced till 5 pm of July 26.

A bench headed by Chief Justice of India DY Chandrachud says that in the meantime mosque committee shall move the Allahabad High Court with its plea against the district court’s order.

The bench said the order was passed to give some breathing time to the Muslim side to approach the Allahabad High Court.

Gyanvapi mosque management committee, Anjuman Intezamia Masajid, mentioned the matter before the CJI seeking a stay on the July 21 order of the district court.

Senior advocate Huzefa Ahmadi sought a stay on the ASI survey of the mosque complex saying the top court had earlier stayed the carbon dating of the structure, claimed as “shivling” by the Hindi side, found in the ablution pond of the mosque during a court-mandated survey in May 2022.

“What is the tearing hurry, this place has been a mosque since the 1500s? there must be status quo order,” Ahmadi asked the bench.

During the hearing the apex court recorded the submissions of Solicitor General Tushar Mehta, appearing for Uttar Pradesh government, saying it appears ASI is not carrying out any excavation as ordered by the district court and no excavation is contemplated for a week.

Senior advocate Shyam Divan, appearing for the Hindi side, opposed a stay request of Muslim side saying let there should be exercise of caution on the issue and it must go to the High Court.

The Solicitor General has already said no excavations will be carried out, he said, adding that court is seized of the matter and when status quo order is made by Supreme Court it continues indefinitely.

On Friday, Varanasi district judge AK Vishvesha ordered the ASI survey of Gyanvapi complex on an application moved by four Hindu women on May 16, 2023.

The order of the district judge, however, excluded the ablution pond area of the complex, which has been sealed on the order of the top court.

On May 12 this year, the Allahabad High Court had allowed the scientific survey of this purported “shivling” but the top court stayed this order on May 19.

During the survey, a structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16 last year during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.

The High Court on May 12 set aside the Varanasi District judge order which had rejected the application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022.

The High Court had directed the Varanasi District judge to proceed, in accordance with law, on the application by the Hindu worshippers for conducting a scientific probe of the “Shivling”.

Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the order lower court order. (ANI)

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Gyanvapi: Court Rejects Plea Seeking Carbon Dating Of Shivling

By LokMarg

A Varanasi court on Friday rejected the plea seeking carbon dating and scientific investigation of the purported ‘Shivling’ claimed to be found in the Gyanvapi mosque complex.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court.
However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Speaking to ANI, Vishnu Jain, representing the Hindu side said, “The Muslim side said that Shivling is not a part of the suit property and its carbon dating cannot be done. We have given our clarification on both of these points. The court will deliver its verdict on October 14.”

Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

The court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

Akhlaq Ahmed, representing the Muslim side had said that the plea by the Hindu side is not maintainable as it is against the order of the Supreme Court that stated protecting the structure (which the Muslim side claims to be a fountain and the Hindu side claims to be a Shivling).

“We responded to the application on carbon dating. Stone does not have the capacity to absorb carbon. The Supreme Court in its May 17 order, according to which, the object that was found by the commission, had to be protected. The order of the SC will prevail, so the object cannot be opened. According to the Hindu side, the process will be scientific, even if it is so, there will be tampering with the object. Chemicals will be used for the test. We will take action based on the order by the court on October 14,” Ahmed told ANI.

Another lawyer representing the Muslim side, Tohid Khan said, “The court will deliver its verdict on whether the application seeking carbon dating is acceptable or should be rejected. The structure is a fountain and not Shivling. The fountain can still be made operational.”

Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivaling, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi. (ANI)

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Gyanvapi mosque ASI

Varanasi Court To Decide On Shivling In Gyanvapi Today

By LokMarg

A Varanasi court is expected to deliver its verdict on Friday on the Hindu side’s plea seeking carbon dating of the purported ‘Shivling’ claimed to be found in the Gyanvapi mosque complex.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court. However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.
Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Speaking to ANI, Vishnu Jain, representing the Hindu side said, “The Muslim side said that Shivling is not a part of the suit property and its carbon dating cannot be done. We have given our clarification on both of these points. The court will deliver its verdict on October 14.”

Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

The court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

Akhlaq Ahmed, representing the Muslim side had said that the plea by the Hindu side is not maintainable as it is against the order of the Supreme Court that stated protecting the structure (which the Muslim side claims to be a fountain and the Hindu side claims to be a Shivling).

“We responded to the application on carbon dating. Stone does not have the capacity to absorb carbon. The Supreme Court in its May 17 order, according to which, the object that was found by the commission, had to be protected. The order of the SC will prevail, so the object cannot be opened. According to the Hindu side, the process will be scientific, even if it is so, there will be tampering with the object. Chemicals will be used for the test. We will take action based on the order by the court on October 14,” Ahmed told ANI.

Another lawyer representing the Muslim side, Tohid Khan said, “The court will deliver its verdict on whether the application seeking carbon dating is acceptable or should be rejected. The structure is a fountain and not Shivling. The fountain can still be made operational.”

Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivaling, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi. (ANI)

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Gyanvapai mosque

Gyanvapi Case: Verdict On Shivling Carbon Dating Defers Till Oct 11

By LokMarg

The Varanasi court on Friday deferred to October 11 the hearing on the Hindu side’s plea seeking carbon dating/scientific investigation of the structure found inside the Gyanvapi Mosque which they claimed to be a ‘Shivling’.

The Anjuman Intezamia Committee’s arguments will be heard by the Varanasi court on October 11 and thereafter, the court will pronounce its order on the matter.
Speaking to media persons, Advocate Vishnu Jain, representing the Hindu side in the Gyanvapi case said, “The court asked us to clarify on two points whether the structure found inside Gyanvapi Masjid is part of this suit property or not? Second, can the court issue a commission for scientific inquiry? We have submitted our reply.”

Advocate Jain further said that the Muslim side has sought some time to reply. The matter will now be heard on October 11.

The bench of Varanasi District Judge Ajay Krishna Vishwesh delivered the order.

“We said that it is part of our suit property and by virtue of Order 26 Rule 10A of CPC, the Court has the power to direct scientific investigation. Muslim side has sought some time to reply. The matter will now be heard on October 11,” he added.

Earlier on September 29, the court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court. However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Besides this case, two more cases that could not be heard on Thursday due to the holiday will be heard today. First, pertaining to the demand from the court to worship the Shivling found in Gyanvapi, a case filed on behalf of Shankaracharya Swami Avimukteshwarananda.

The second is in connection with the case demanding to hand over the ‘Shivling’ site found in Gyanvapi to the Hindus. Hearing on both applications is to be held in the court of Senior Civil Judge Kumudlata Tripathi today.

Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivalinga, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.

Earlier on September 12, the Varanasi Court had dismissed a plea of the Anjuman Islamia Masjid committee challenging the maintainability of the suit filed by five Hindu women seeking worshipping rights in the Gyanvapi mosque compound. (ANI)

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