Lagatar24 Desk
New Delhi, Nov 11: The Supreme Court on Friday extended its May 17 interim order protecting the object found during the survey at the Gyanvapi Mosque, stated to be a ‘Shivling’.
On a petition brought by Hindu parties, a bench consisting of Chief Justice of India DY Chandrachud, Justices Surya Kant, and PS Narasimha issued the ruling.
“We direct that pending further orders, interim order dated May 17 shall continue to remain in operation,” the Court said.
The artefact allegedly discovered during the mosque assessment ought to be preserved, the top court ruled on May 17. The injunction preserving the object was scheduled to expire on November 12, thus the Hindu parties sought the court through the present plea in an effort to extend the order. It was also mentioned that the Muslim parties’ application under Order 7 Rule 11 (rejection of plaints) was denied.
The Gyanvapi issue began when Hindu devotees petitioned a civil court, arguing that because the Gyanvapi Mosque was once a Hindu temple and still housing Hindu idols, they should be allowed to practise their religion there.
A survey of the mosque by an advocate commissioner was mandated by the civil court. After conducting the videotaped survey, the advocate commissioner provided a report to the civil court.
The Hindu parties asserted that a discovery at the site is a Shivling based on the survey data. However, the Muslim groups contested this and claimed that it is simply a water fountain.
Due to the delicate nature of the subject matter, the Supreme Court on May 20 transferred the civil court case to the District Judge. On September 12, the District Court ruled that the Places of Worship (Special Provisions) Act, 1991 did not preclude the lawsuit.
The Archaeological Assessment of India (ASI) was ordered to conduct a scientific examination to determine if an artefact discovered during the survey of the Gyanvapi Mosque premises is a Shivling or a fountain. This request was denied last month by a Varanasi Court. An appeal was filed against this with the Allahabad High Court.
The Director General of ASI was also requested by the High Court to provide his view on whether carbon dating, ground penetrating radar (GPR), excavation, and other techniques to establish the age of the disputed object at Gyanvapi mosque will harm the object.
