SC seeks Gyanvapi Masjid Committee's response on plea for ASI survey of sealed area

New Delhi: 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.