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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Muslim Group Challenges Allahabad HC’s Decision on Scientific Investigation of Gyanvapi Mosque’s Shiva Linga

Muslim Group Challenges Allahabad HC’s Decision on Scientific Investigation of Gyanvapi Mosque’s Shiva Linga

Gyanvapi-Kashi Vishwanath dispute

The Committee of Management of Anjuman Intezamia Masjid has appealed an order of the Allahabad High Court allowing a scientific investigation to determine that an object found during the survey of the Gyanvapi Mosque premises is a Shiva linga and the issue of maintainability of an order for carbon dating was allowed by the court to the Supreme Court, which they claim is unconstitutional.

Hindu enthusiasts claimed that Gyanvapi Mosque was once a Hindu temple and still had Hindu deities, and they approached a civil court to request permission to perform religious services there. An advocate commissioner was appointed by the civil court to examine the mosque. After examining the location, the commissioner provided the civil court with a report. According to the report, a Shivling-like object has been discovered. On instructions from the Supreme Court, the case was later moved to the District Court in Varanasi. On October 14, 2022, the District Court issued a ruling dismissing the respondents’ request for a scientific examination to determine whether the object was a Shiv ling or a fountain.

Because it was incorrectly assumed that a scientific examination, such as carbon dating or the use of a ground penetrating radar, would injure or damage the object, the District Court’s order was appealed before the High Court. The Hindu party filed the current petition before the Supreme Court after the High Court decided in their favour.

Issue 

whether the object found during the survey of the Gyanvapi Mosque premises is a Shiva linga or a fountain

Supreme court order

The supreme court bench comprising the Chief Justice of India (CJI) DY Chandrachud, and Justices PS Narasimha agreed to list the case for hearing tomorrow.