SC defers Allahabad HC order to conduct scientific survey of ‘Shivling’ in Gyanvapi mosque

Supreme Court

The Supreme Court on May 19 deferred the implementation of the order of Allahabad High Court permitting a scientific survey of the 'Shivling' inside the Gyanvapi Mosque at Varanasi till the next date of hearing.

A bench led by CJI DY Chandrachud noted that the implications of the order of Allahabad High Court require close scrutiny. The order was passed after Solicitor General Tushar Mehta, who appeared for the UP and the Union governments agreed to the same.

The court also sought responses from the contesting petitioners, UP and the Union government.

On May 12, the Allahabad High Court set aside an order of the Varanasi district court rejecting the plea for carbon dating/scientific survey of the purported 'Shivling' found inside the Gyanvapi Masjid complex. The High Court had directed the district judge of Varanasi to proceed with the worshippers' plea for conducting a scientific probe in accordance with the law.

On October 14 2022, the Varanasi District Court rejected a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain, as claimed by the respondents.

The order of the District Court was challenged before the High Court alleging that it wrongly assumed that a scientific investigation of a ground penetrating radar would harm or damage the object.