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The Allahabad High Court had on May 12 asked the Archaeological Survey of India to carry out carbon dating and scientific investigation of the structure that is a bone of contention between the warring parties.
Describing it as a “sensitive issue: that has to be “tread carefully,” the Supreme Court on Friday deferred the carbon-dating and scientific investigation of a structure from the Gyanvapi mosque complex being claimed to be a Shivling by the Hindu litigants and a fountain by the mosque management committee.
The Allahabad High Court had on May 12 asked the Archaeological Survey of India to carry out carbon dating and scientific investigation of the structure that is a bone of contention between the warring parties.
Issuing notice on the Gyanvapi mosque management committee plea against the carbon dating of the structure and deferring the hearing as today was the last day before court goes for its summer break from tomorrow, a bench of Chief Justice DY Chandrachud, Justice Pamidighantam Sri Narasimha and Justice KV Viswanathan said that the implementation of the Allahabad High Court ‘s order shall stand deferred till the next date of hearing.
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Besides other litigants, the bench also issued notice to the Centre and Uttar Pradesh government on the Gyanvapi mosque management committee appeal against the May 12 High Court’s order.
“Since the implications of the impugned order merit close scrutiny, the implementation of the directions concerned in the order shall stand deferred till the next date,” the bench said in its order.
Before passing the order, the bench sought the views of the Solicitor General Tushar Mehta on the issue, who expressed the apprehension that the structure may get damaged during the process of its carbon dating.
Mehta sought more time for the government to look for other alternatives.
“Other options could be explored,” Solicitor General said.
However, advocate Vishnu Jain, appearing for the respondent Laxmi Devi and three others told the bench that the experts of the Archaeological Survey of India have already informed the High Court that no damage will be caused to the structure in the course of determining its antiquity though carbon dating.
It was on the plea of Laxmi Devi and three others, who claim that the structure is “Shivling” that the High Court had ordered carbon dating and scientific investigation of the structure.
Rejecting the plea, Chief Justice Chandrachud observed that these were matters where “we have to tread carefully.” “Let the government consider the situation. Let them consult the ASI to consider other options.”
Senior advocate Huzefa Ahmadi for the Gyanvapi mosque management committee raised several issues of concern including that a suit on the issue is pending yet orders are being passed calling for scientific investigation and carbon dating.
On this bench said that they would hear the carbon-dating plea with the earlier petition pending before the top court.
The High Court by its May 12 order had set aside the October 14, 2022 Varanasi District judge order rejecting the application for a scientific survey and carbon dating of the “Shivling.”
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