Gyanvapi row: SC notice on plea for ASI survey of sealed area

A view of the Krishna Janmasthan Temple Complex and Shahi Eidgah Mosque, in Mathura (ANI Photo)


The Supreme Court on Friday sought the response from the Anjuman Intezamia Masjid Committee that manages the Gyanvapi mosque in Varanasi on a plea for a survey by the Archaeological Survey of India (ASI) of the sealed area of the mosque, the structure where some Hindu devotees claimed a Shivalinga was found in the course of the survey by a local court appointed commissioner.

The structure, claimed as “shivling” by some Hindu devotees, was found in the ablution pond of the mosque during a court-mandated survey in May 2022. The mosque management committee described it a fountain.

Issuing notice to the Anjuman Intezamia Masjid Committee that manages Gyanvapi mosque and posting the matter for hearing on December 17, 2024, a bench comprising Justice Surya Kant and Justice Ujjal Bhuyan said it would also hear same day other petitions relating to the case including, application to consolidate all suits and transfer them from the Varanasi district court to the Allahabad High Court.

The application seeking the survey of the sealed area by the Archaeological Survey of India has said that since a part of the building was sealed by May 20, 2022 interim order and the same was extended and continues by November 11, 2022 order of the top court, the ASI could not make survey of the sealed area of the Gyanvapi mosque.

The application seeking an ASI survey of the sealed area says, “… that there are important evidence and material relating to the temple within the sealed area and same are importance pieces of evidence for decision of the case. The portion of the building in question is also required to be surveyed by ASI in the same manner as the remaining area of the building in question has been surveyed by various scientific techniques as contained in the report of December 18, 2023.”

It would be expedient in the interests of justice to direct ASI to conduct scientific survey of the sealed area by adopting latest methods of investigation/survey and submit report within such time as maybe provided before this court and interim order of November 11, 2022 may be modified to that extent, the applicants have stated.

Earlier the top court had put on hold the carbon dating of the “Shivling” saying that the implementation of the directions contained in the Allahabad High Court’s order shall stand deferred.

Describing it as a “sensitive issue” that have to be “tread carefully”, the Supreme Court had on May 19, 2023, deferred the carbon-dating and scientific investigation of a structure from the Gyanvapi mosque complex that is claimed to be a Shivling by the Hindu litigants and a fountain by the mosque management committee.

The Allahabad High Court had allowed the scientific survey of the “Shivaling” in the premises of Gyanvapi complex under the supervision and direction of District Judge, Varanasi.

The High Court had set aside the Varanasi District judge order which had rejected the application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022. Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the lower court order.