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The application submits that the Shivlingam found is an object of worship for the devotees of Lord Shiva and followers of Sanatan Dharma who have every right to perform Pooja, Aarti, Bhog of the deity and such right cannot be denied to them
An application has been filed before the Supreme Court of India seeking a direction for survey of the Shivalingam found at the Gyanvapi site at the Kashi Vishwanath Temple.
Filed through the Hindu side, the application prays, "Direct the Director General of Archaeological Survey of India to make necessary investigation/survey of Shivlingam for determining the nature of Shivlingam and associated features without causing any damage to the Shivlingam situated within the sealed area in terms of the impugned order dated 12.05.2023 passed by the Hon’ble High Court after removing the artificial/ modern walls/floors surrounding the Shivlingam and also to undertake survey of the entire sealed area by excavation and using other scientific methods and submit report within the time provided by the Hon’ble Court...".
It has been submitted that the area where Shivlingam has been surrounded by raising artificial walls which are modern construction unconnected with the original building, has no religious significance for Muslims as according to them there is an alleged fountain.
Additionally, court has been told that said modern construction has been purposefully done to hide the original features associated with the Shivlingam such as Peeth, Pithika, etc.
"It is submitted that the survey of the entire premises has been conducted except the sealed area by ASI and now it is necessary that the sealed area be also surveyed by ASI, otherwise, the very purpose of survey would be frustrated as there will be no report of ASI regarding the area under seal", the plea adds.
Court has been further told that the core question involved in the matter is whether the object found by Advocate Commissioner in May 2022 is a Shivlingam or a fountain, which can be proved only on the basis of scientific investigation.
Two weeks back, CJI DY Chandrachud led bench of the Supreme Court also allowed an application seeking to clean out the water tank where the Shivling was found at the disputed Gyanvapi Mosque site.
Allahabad High Court had earlier allowed an ASI survey/ scientific survey of the alleged Shivlingam found at Gyanvapi for evaluation of its age.
Supreme Court had on August 4, 2023 refused to stay the survey being carried out at the disputed Gyanvapi site by the Archeological Survey of India (ASI).
The Anjuman Intezamia Mosque Committee had approached the Supreme Court of India challenging the Allahabad High Court's refusal to interfere with the order of the Varanasi Court passed on July 21 directing the Archeological Survey of India (ASI) to conduct a survey of Gyanvapi without causing any damage.
The impugned order of the district court was passed in an application filed in the suit pending before the local court for year-round permission to worship Hindu gods inside Gyanvapi.
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.
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.
Case Title: Committee of Management Anjuman Intezamia Masajid Varanasi vs. Rakhi Singh
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