The Supreme Court on Friday sought the response of
the Gyanvapi Masjid Committee on an application filed by some Hindu worshippers
seeking an Archaeological Survey of India (ASI) survey of the sealed area of
the mosque, where a "Shivlinga" was claimed to have been found in
Varanasi.
A bench of Justices Surya Kant and Ujjal Bhuyan
issued notice to the Committee of Management Anjuman Intezamia Masjid, which
manages the mosque in the Gyanvapi complex and others on the application filed
by some worshippers.
The bench posted for hearing the matter on December
17. The bench said it will also hear same-day other petitions relating to the
case, including an application to consolidate all suits and transfer them from
the Varanasi district court to the Allahabad High Court.
The application said that since a part of the
building was sealed by an interim order of May 20, 2022 and confirmed by order
November 11, 2022, the ASI could not make a survey of the sealed area of the
property in question.
"It is submitted 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 report of December 18, 2023," the
application said.
It would be expedient in the interests of justice to
direct ASI to conduct a scientific survey of the sealed area by adopting the
latest methods of investigation/survey and submit a report within such time as
may be provided before this court and the interim order of November 11, 2022,
may be modified to that extent, said the petitioners.
"Pass an order directing ASI to conduct survey
using all possible scientific methods of the sealed area of the property in
question and submit report within time provided by the court. Suitably modify
the order dated November 11, 2022 permitting ASI to conduct survey within
sealed area of the property in question," they urged the apex court.
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
till the next date of hearing.
Allahabad High Court had allowed the scientific
survey of the "Shivaling" in the premises of the Gyanvapi complex
under the supervision and direction of District Judge Varanasi.
The apex court had deferred the "scientific
survey," saying, "Since the implications of the impugned order merit
closet scrutiny, the implementation of the directions concerned in the order
shall stand deferred till the next date."
During the survey, a structure--claimed to be a
"Shivling" by the Hindu side and a "fountain" by the Muslim
side--was found in the mosque premises on May 16, 2022, during a court-mandated
survey of the mosque located next to the Kashi Vishwanath temple.
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 order lower court order.