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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Plea to conduct a Scientific investigation of Shiva Linga rejected by Varanasi HC

Plea to conduct a Scientific investigation of Shiva Linga rejected by Varanasi HC

The Varanasi Court has rejected a petition filed by Hindu devotees requesting a scientific examination into the ‘Shiva Linga’, which was allegedly discovered inside the Gyanvapi Mosque premises. The Court denied the petition in light of the Supreme Court’s order to protect the location where a “Shiva Linga” was allegedly discovered during the survey of the Gyanvapi mosque.

Hindu worshippers had requested a scientific examination to determine the age of the ‘Shiva Linga’ monument in dispute (as claimed by the Hindu worshippers). It should also be noted that the Anjuman Masjid committee has referred to the structure in question as a ‘Fauwara/Fountain.’ After hearing the concerns of the Anjuman Intezamia Committee (which oversees the Gyanvapi mosque), District Judge AK Vishvesha today REJECTED the Hindu worshippers’ request.

It should be recalled that the Varanasi Court had previously adjourned the hearing on the petition on October 7 after seeking clarity from the parties on the following two points:

  1. Whether or not the building discovered inside the Gyanvapi Mosque premises [alleged Shiva Linga] is part of the suit property.
  2. Can the court appoint a commission to conduct scientific research?

The Hindu Worshippers’ counsels had argued before the Court that the structure (‘Shiva Linga’) is a part of the suit/case property because the suit’s original pleadings state that the suit relates to visible or invisible deities, and since the alleged Shiva Linga became visible during the court-appointed survey, it would undoubtedly be a suit property. It was further emphasised that the Court has the authority to issue a commission for scientific investigation under Order 26 Rule 10A of the CPC. The Mosque committee has now filed its response in the subject. Furthermore, on October 11, the Anjuman Intezamia Committee (which maintains the Gyanvapi mosque) objected to the Hindu worshippers’ desire for a scientific investigation of the structure in question.