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Synopsis

The Allahabad High Court on Wednesday slammed the Director General, Archaeological Survey of India for adopting "lethargic attitude" in submitting report about the feasibility of a safe investigation of the alleged Shivlingam found at Gyanvapi, for evaluation of its age.

The high court, on March 20, 2023, had given 'last opportunity' to the ASI DG to submit the desired report, however, the same was not filed till Wednesday.

The bench of Justice Arvind Kumar Mishra said, "Certainly this lethargic attitude on the part of the Director General, Archaeological Survey of India is highly deplorable and such practice must be deprecated. The desired report has not been submitted though directed since November 2022".

The single judge bench stressed that a high authority holding post of Director General, Archaeological Survey of India, controlling particular administration all over the country must know the seriousness of the matter and ought to respect the orders of the court, "primarily of higher courts".

While stating that though the ASI DG did not deserve any further time, court decided to allow him one more chance to submit the said report. 

"Things cannot be kept pending for long when the matter has element of high publicity all over the country. This Court will not permit any authority to occasion delay on the pretext of the submission of the desired report of the Archaeological Survey of India", said the court while posting the matter next on April 17, 2023. Court asked the ASI DG to submit the desired report on or before the said date. 

The high court is currently seized with a revision petition moved by the Hindu plaintiffs against the order of District Judge, Varanasi dated October 14, 2022, whereby the judge had dismissed their application seeking a scientific probe of the Shivlingam-like structure.

The district judge had held that since the Supreme Court had ordered to protect the place where alleged Shivlingam 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.

It is the Hindu plaintiffs' claim that the structure found inside the Wazookhana of the mosque complex is a Shivalingam, however, the claim is being contested by the Muslim side who argue that it is actually a non-functioning old fountain. 

Against the decision of the Varanasi District Judge, 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.

It is to be noted, on May 16, 2022, during a survey by the court-appointed commission, a Shivling-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 the 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 Shivlingam before the local court.

Case Title: Laxmi Devi And 3 Ors. v. State Of U.P Thru Principal Sec.(Civil Sec.) Lko. Nd 5 Ors.