Allahabad HC issues notice to ASI in plea for scientific investigation of 'Shivling' found inside Gyanvapi

The Allahabad High Court has sought reply from the Archaeological Survey of India (ASI) in the plea against the order passed by District Judge, Varanasi whereby an application seeking scientific probe of the Shivlinga found during a court-ordered survey of the Gyanvapi complex was dismissed. 

Varanasi District Judge AK Vishvesha had dismissed the plea for scientific investigation of the structure on October 14, 2022.

The district judge had said that since the supreme court had ordered to protect the place where alleged Shivlinga was found, therefore, the plea for its 'scientific investigation' could not be allowed.

Against the order of the local court, the Hindu side moved the high court. The bench of Justice JJ Munir on Friday issued notice to ASI in the matter and listed it for further hearing on November 21, 2022.

On May 16, 2022, during a survey by the court-appointed commission, a Shivlinga-like structure was found inside the Wazookhana of the mosque complex. The Hindu side alleged that this was a significant evidence of the claim that the mosque was built by razing the old temple of lord Vishweshwar of Kashi.

However, the Muslim side claimed that the structure was an old fountain that was not in use currently. 

On the same day, Civil Judge (Senior Division) Ravi Kumar Diwakar passed an order to seal the disputed site at the complex. Thereafter, the matter reached the top court and a division bench while upholding the order of the Varanasi court to protect the area modified it to the extent that the local court's direction in any manner will not restrain access of Muslims to the mosque or use of it for performing prayers and religious activities.

Subsequently, the Hindu side moved an application seeking scientific investigation of the alleged Shivlinga without causing any damage to the structure. 

The application was moved in the suit where the Hindu women have alleged that Maa Shringar Gauri, Lord Ganesha, Lord Hanuman & other visible and invisible deities reside inside the Gyanvapi Complex, therefore, they should be allowed to perform all rituals of these deities inside the complex all year long. Earlier, permission used to be granted to perform the rituals of Hindu pooja only once a year.

The plaintiffs' demand is however being contested by the Anjuman Intezamia Masajid Committee, Varanasi which manages the affairs of Gyanvapi mosque and the Waqf Board.

Case Title: Laxmi Devi v. State of Uttar Pradesh and Ors