Gyanvapi| Will probe for determining Shivling's age damage it? Allahabad HC seek ASI DG's opinion

The Allahabad High Court has directed the Director General of the Archaeological Survey of India (ASI) to submit her opinion whether investigation of the structure (alleged Shivlingam) found at Gyanvapi, if examined through the methods of Carbon Dating, Ground Penetrating Radar (GPR), Excavation and other methods is likely to damage it or a safe evaluation about its age can be done.

The structure, which was found during a court-ordered survey of the Gyanvapi, is being alleged to be a Shivlingam by the Hindu side, and a fountain by the Mosque side.

The bench of Justice JJ Munir passed the order in the civil revision petition filed by the Hindu plaintiffs against the order of District Judge, Varanasi dated October 14, 2022. The district judge had dismissed the Hindu plaintiffs' application seeking scientific probe of the structure.

The district judge had held 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. The judge had also observed that the scientific examination, as sought, may damage the structure.

However, the Hindu plaintiffs moved the high court contending that the said order was bad in law because it was based on a priori reasoning that a scientific investigation of the alleged Shivlingam would lead to its damage.

Advocate Hari Shankar Jain, along with Adv. Vishnu Shankar Jain, appearing for the revisionists (Hindu plaintiffs), argued that there was no basis for the apprehension expressed by the district judge. He said whether the Carbon Dating, Ground Penetrating Radar (GPR) and Excavation would indeed damage the Shivlingam can only be judged, based on the opinion of the Archaeological Survey of India and not by assumption or conjecture.

Considering the submissions made, Court issued the notice to ASI and sought the opinion of the  Director General by the next date of hearing in the revision petition i.e. 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. 

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. 

Case Title: Laxmi Devi and 3 Others v. State of Uttar Pradesh and 5 Ors