38.6c New Delhi, India, Tuesday, January 21, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Allahabad High Court Orders Scientific Survey of 'Shivlingam' at Gyanvapi Mosque

By LAWSTREET NEWS NETWORK      15 May, 2023 06:28 PM      0 Comments
Allahabad High Court Orders Scientific Survey of 'Shivlingam' at Gyanvapi Mosque

In a significant development, the Allahabad High Court has on May 12 ordered a scientific survey of the 'Shivlingam', which was a found inside the Gyanvapi mosque during the videography survey of the premises in May, 2022.

A single bench of Justice Arvind Kumar Mishra overturned the earlier decision of a Varanasi court, which had rejected the plea made by some Hindu women saying that it could damage the structure which would be in violation of the Supreme Court order for safe keeping and preservation of the Shivlingam.

On a challenge made the Hindu women, the HC directed the Archaeological Survey of India (ASI) to conduct a scientific investigation through carbon dating to ascertain the age of the Shivlingam without causing any damage to it.

The court had earlier directed the ASI to file a report stating if the carbon dating of the Shivlingam could be done without causing any damage to it.

The ASI had submitted its report to the court in a sealed cover on Thursday.

A revision application was filed against the Varanasi court's order of October 14, 2022 that had rejected Hindu sides' plea for conducting a scientific assessment of 'Shivlingam' found during a survey on May 16, 2022.

A group of Hindu women, led by advocates Hari Shankar Jain and Vishnu Shankar Jain, who sought permission for prayer at the complex, contended when the Muslim side is describing the 'Shivlingam' as fountain, scientific investigation was required to be carried out for proper adjudication of the controversy.

They claimed that the district court has failed to exercise the jurisdiction and rejected the application on basis of "conjectures and surmises without appreciating the facts and law applicable in the case".

"The court below has presumed that any harm/damage may be caused to the 'Shivlingam' which is an article of faith for crores of devotees of Lord Shiva if Ground Penetrating Radar is allowed or any type of scientific investigation or carbon dating is conducted for making investigation," their plea said.

The women contended there was no doubt 'Shivlingam' is an article of deep faith for the devotees of Lord Shiva but there was no prayer made for making any scientific investigation which may cause any harm in any manner to it.

The judge had no material before him to form an opinion that if the scientific investigation was allowed, it could cause any harm or damage to the 'Shivlingam' particularly in the absence of any report submitted by ASI in the matter, they contended.

"The Archaeological Survey of India has sufficient means and mechanisms to make scientific investigation to know the nature and age of an artefact, monument, image, or any ancient article without causing any harm to the article required to be investigated," they submitted.
 



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

"No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment] "No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment]

Further reasoning of the court was based on consideration of the fact that a mixed population resides in that area, comprising Hindus and Muslims both, which lead to the tension between both the groups regarding the use of loudspeakers.

Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan

Hence, although an ongoing religious practice, the use of loudspeakers in the performance of Azaan remains a debatable question.

There is NO minority in India currently: Former Justice SN Srivastava, Allahabad HC There is NO minority in India currently: Former Justice SN Srivastava, Allahabad HC

"Explore former Justice SN Srivastava's statement on the minority status in India, as he discusses the evolving dynamics of religious and cultural representation in the country.

TRENDING NEWS

sc-stays-defamation-proceedings-against-rahul-gandhi
Trending Judiciary
SC stays defamation proceedings against Rahul Gandhi

SC stays defamation case against Rahul Gandhi over remarks on Amit Shah, providing relief as trial court proceedings remain suspended until further orders.

20 January, 2025 12:30 PM
lakhimpur-kheri-case-sc-asks-up-cops-to-find-out-if-ashish-mishra-tried-influencing-witnesses
Trending Judiciary
Lakhimpur Kheri case: SC asks UP cops to find out if Ashish Mishra tried influencing witnesses

SC directs UP cops to probe claims that Ashish Mishra tried influencing witnesses in the Lakhimpur Kheri case; demands report on allegations’ veracity.

20 January, 2025 03:54 PM

TOP STORIES

sc-lawyers-associations-demand-uniform-guidelines-on-advocate-appearances
Trending Legal Insiders
SC Lawyers’ Associations demand Uniform Guidelines on Advocate Appearances

Supreme Court lawyers associations urge the apex court to frame uniform guidelines for marking advocates’ appearances, ensuring fairness and consistency.

15 January, 2025 01:15 PM
delhi-high-court-grants-custody-parole-to-former-councillor-tahir-hussain-for-election-nomination
Trending Judiciary
Delhi High Court grants custody parole to former councillor Tahir Hussain for election nomination [Read Judgment]

Delhi HC grants custody parole to ex-councillor Tahir Hussain for election nomination, balancing judicial custody with electoral rights.

15 January, 2025 01:57 PM
delhi-high-court-grants-exit-permit-without-penalty-to-foreign-national-despite-visa-expiry
Trending Judiciary
Delhi High Court grants exit permit without penalty to foreign national despite visa expiry [Read Order]

Delhi High Court grants a foreign national an exit permit without penalty despite visa expiry, addressing Form-C requirements and unique circumstances.

15 January, 2025 02:04 PM
sc-grants-interim-protection-to-ex-ias-trainee-in-case-of-cheating-fraudulent-availing-of-quota-benefits
Trending Judiciary
SC grants interim protection to ex IAS trainee in case of cheating, fraudulent availing of quota benefits

SC grants interim protection to ex-IAS trainee Puja Khedkar accused of fraudulently availing OBC quota benefits; next hearing on February 14.

15 January, 2025 02:41 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email