The Allahabad High Court has on Friday issued notice to the Muslim side led by Committee of Management Anjuman Intezamia Masjid, Varanasi on a plea for appointment of an experts panel from Archaeological Survey of India to ascertain the age and nature of 'Shivlingam' found during a survey at Gyanvapi mosque complex on May 16.
A group of Hindu women, 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.
"It is necessary that the nature, age and other information regarding 'Shivlingam' may be established by scientific means for which ASI may be directed to carry out GPR survey and also of other constituents of 'Shivlingam' by carbon dating or by adopting any scientific method without causing any harm to it," their plea said.
After hearing the counsel on behalf of four Hindu women, a bench of Justice J J Munir sought a reply from the Masjid Committee.
The women challenged validity of an order of the district judge, Varanasi on October 14, rejecting their plea for scientific investigation, saying if such a decision was allowed to stand, it would cause grave miscarriage of justice.
The plea filed by advocates Hari Shankar Jain, Prabhash Pandey and Vishnu Shankar Jain contended 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," it 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.
On September 12, the Varanasi district judge had rejected claims questioning maintainability of its suit on permission to worship at Gyanvapi mosque complex.
The court also said the suit filed by the women was not barred by the Places of Worship (Special Provisions) Act, 1991, related to maintaining status of religious places as prevailed on August 15, 1947.
It had also noted the plaintiffs are claiming only right to worship at the disputed property.
