The Allahabad High Court has granted a ‘last chance’ to the Director General of ASI to comply with its earlier order and file a reply (counter-affidavit)
The Allahabad High Court has granted a ‘last chance’ to the Director General of Archaeological Survey of India (ASI) to comply with its earlier order and file a reply (counter-affidavit) in response to the petition filed by Varanasi’s Anjuman Intezamia Masjid (AIM) – the Gyanvapi mosque management committee – in the Gyanvapi case by the next date of hearing on October 31.
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The permission was granted by the court subject to payment of Rs 10,000 in the Legal Services Committee, Allahabad. The amount must be deposited on or before the next date of listing, which is fixed as October 31, the High Court added.
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Hearing a petition filed by the AIM, Justice Prakash Padia observed, “Today (on Tuesday), when the matter is taken up, a request was moved on behalf of the Additional Solicitor General of India (ASGI) assisted by the counsel for the ASI to grant at least six weeks’ further time to file a counter-affidavit.”
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Hence, the High Court, while granting further time to file the counter-affidavit, observed, “Since the civil suit pending before the civil court, Varanasi is of the year 1991, in the interest of justice, as the last opportunity, ten days’ further time is granted to file counter-affidavit subject to payment of Rs 10,000 in the Legal Services Committee, Allahabad. The aforesaid amount will be deposited on or before the next date of listing.”
The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court. However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.
Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.
Besides this case, two more cases: First, pertaining to the demand from the court to worship the Shivling found in Gyanvapi, a case filed on behalf of Shankaracharya Swami Avimukteshwarananda. The second in connection with the case demanding to hand over the ‘Shivling’ site found in Gyanvapi to the Hindus.
Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.
Advocate Vishnu Jain representing the Hindu side in the Gyanvapi Masjid matter said, “The Hindu side demanded that the ASI conduct a scientific investigation of the ‘Shivling’. We have also demanded a carbon dating of Argha and the area around it”.
“Muslim side too presented its side before the Court, they said that carbon dating shouldn’t be done. They said that it’s a fountain & not a Shivling and it can’t be ascertained”, added Vishnu Jain.
The advocate further added that there is no break-up on the Hindu side, rather all the Hindus demand just one thing that the Shivalinga found should be scientifically investigated without causing any damage to it.
Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.
The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.
The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivalinga, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.
The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.
On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.
Earlier on September 12, the Varanasi Court had dismissed a plea of Anjuman Islamia Masjid committee challenging the maintainability of the suit filed by five Hindu women seeking worshipping rights in the Gyanvapi mosque compound.
Source: Business Standard
