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Gyanpavi: HC Seeks ASI Affidavit On Conducting Carbon Dating Of Shivling

By LokMarg 21st November 2022

Allahabad High Court on Monday asked the Archeological Survey of India (ASI) to file an affidavit on whether the ‘carbon dating of the purported ‘Shivling’ found inside the premises of the Gyanvapi Mosque, can be conducted without defacing its shape.

The High Court directed the ASI to file its affidavit on the next date of hearing — November 30.
The HC was hearing a review petition filed by Lakshmi Devi and three others, challenging the Varanasi district court’s order of a ‘scientific survey’ of the purported Shivling, which is claimed to be a part of the fountain of the wazu khana by the mosque management.

In its order on Monday, the single bench of Justice JJ Muneer asked the ASI to confirm if ‘carbon dating’, a method to determine an object’s age, can be conducted without defacing the purported Shivling.

“The subordinate court has rejected the application for conducting a scientific survey in view of the status quo order issued by the Supreme Court. Apprehension has been expressed that carbon dating may damage the alleged Shivling,” the bench stated, adding that it was necessary to determine the age of the ‘Shivling’ without deforming its shape.

The counsel for the petitioners, Advocate Vishnu Shankar Jain, said only a scientific survey (carbon dating) can bring forth correct information on the ‘Shivling’ found in the Gyanvapi mosque complex, along with other religious items.

It will also establish beyond any reasonable doubt how old the ‘Shivling’ and other idols found there are, the counsel for the petition further submitted.

Earlier, the petitioners had filed an application in the district court, Varanasi seeking a scientific survey of the Gyanvapi Masjid complex.

The court, however, rejected the plea on October 14 saying that doing so could damage the structure.

The single-bench of the Allahabad HC on Monday also directed the principal secretary of the Department of Religious Affairs, Uttar Pradesh, to file an affidavit on the government’s position or stand in the matter on the next date of hearing — November 30.

The chief standing counsel of the state government, Pancham Bipin Bihari Pandey, was directed to clarify the government’s stand by filing an affidavit on behalf of the principal secretary, Department of Religious Affairs, UP.

Advocate Manoj Singh, appearing for the Union government, had sought three months’ time to clarify its position on the matter. However, the court directed that an affidavit is to be filed by November 30. (ANI)

Allahabad HC To Hear Gyanvapi Case Today

By LokMarg 19th October 2022

Allahabad High Court on Wednesday will hear a plea on Wednesday challenging the Varanasi District Court’s decision on the challenge to the petition of Hindu devotees.

The matter is related to the Kashi Vishwanath temple-Gyanvapi mosque dispute. The Anjuman Intezamia Masjid Committee has filed a petition in the Allahabad High Court against the order passed by the Varanasi District Court.

The plea stated that the order passed in the district court is not maintainable. The plea claimed the Gyanvapi case falls under the Worship Act, under which it cannot be heard.

The High Court on Tuesday imposed a fine of Rs 10,000 on the Director General of the Archaeological Survey of India (ASI) for failing to submit a personal affidavit within the deadline. The HC granted the last opportunity to the SSI DG to file a personal affidavit in the case in 10 days.

The High Court was hearing a case in which a Varanasi court ordered the ASI to conduct a survey in the Kashi Vishwanath temple-Gyanvapi mosque complex to ascertain whether a Hindu temple was partially demolished for the construction of the Gyanvapi mosque in the 17th century.

The plea was filed by the Anjuman Intazamia Masjid Committee challenging the suit filed in Varanasi court and seeking the restoration of land on which the Gyanvapi mosque is situated.

Pertinent to mention, 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. 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)

Gyanvapi Case: Hindu Side To Seek ASI Survey, Carbon Dating Of Shivling

By LokMarg 12th September 2022

As Varanasi district court is set to deliver its verdict today on the maintainability of civil suits challenging the title of the Gyanvapi mosque and the land surrounding it, the Hindu side said that they will seek for Archaeological Survey of India (ASI) survey and carbon dating of ‘Shivling’ if the judgment comes in their favour.

District Judge AK Vishvesh had last month reserved the order till September 12 in the matter.
The decision relates to the maintainability of Hindu women’s plea seeking permission to worship Hindu deities in the Gyanvapi Mosque complex.

Speaking to ANI, Advocate Vishnu Shankar Jain, representing the Hindu side said, “Today the court will deliver its judgment on the maintainability of the suit. 1991 Worship Act applies in our favour. If judgment comes in our favour, then we will seek for ASI survey, carbon dating of Shivling.”

Another lawyer, representing the Hindu side, Sohan Lal Arya said that the verdict will prove to be the first day of planting the foundation stone of Kashi Vishwanath.

“Moreover, this day is going to be a very happy day for the Hindu community of the world. Court will give its verdict from 2:00 pm and we have offered prayers for the ‘darshan’ of Lord Shiva in the morning. After the verdict, we will have ‘darshan’. After the verdict comes in our favour, the people of Kashi celebrate by ringing bells and clapping. The people of Kashi will work to awaken the Hindu society,” said Sohan Lal Arya.

Security has been tightened and prohibitory orders (Section 144) have been imposed in Uttar Pradesh’s Varanasi on Sunday a day ahead of the district court order.

The police have deployed forces in areas where a mixed population resides in the city and patrolling is ongoing to ensure no law and order situation arises on the maintainability of a plea by five Hindu women seeking permission to worship the Shringar Gauri Sthal within the Kashi Vishwanath-Gyanvapi Masjid complex.

“A Varanasi court may pronounce judgment on a crucial matter. Section 144 was implemented in the city. Police force posted in areas where the mixed population resides. Patrolling is on. We are trying our best that no law and order situation arises,” said Police Commissioner, A Satish Ganesh.

Varanasi Assistant Commissioner of Police, Santosh Kumar Singh, said that more than 2000 police personnel have been deployed and all necessary arrangements have been made to maintain law and order.

“Peace Committee meetings have been held several times and police is on alert. along with this, we have also talked to the religious leaders and an appeal has been made to maintain peace,” said Singh.

The petition was filed by five Hindu women seeking permission to worship the Shringar Gauri Sthal within the Kashi Vishwanath-Gyanvapi Masjid complex.

Following this, a local Varanasi court ordered in May a videography survey of the complex. The survey work was completed on May 16 and the report was presented in the court on May 19.

After the videography survey claims were made by the Hindu side that a structure, resembling a Shivling was found in the mosque complex. The Masjid committee contested that it was a fountain and not a Shivling.

The Supreme Court on May 20 transferred the case from a civil judge (senior division) to a district judge, saying considering the “complexities and sensitivity” of the issue, it is better if a senior judicial officer having an experience of over 25-30 years handles this case.

The bench also said that no manner of restriction should be imposed on Muslims entering the mosque to offer namaz or religious observances.

The matter had reached the Supreme Court on a petition filed by the Mosque Management Committee, which challenged the civil judge’s orders.

The order permitted inspection, survey, and videography of the mosque’s complex to collect evidence about the alleged existence of idols of Hindu deities inside the mosque, which is adjacent to the Kashi Vishwanath Temple. (ANI)