No carbon dating at Gyanvapi, says court

A district court in Varanasi on Friday rejected a plea seeking carbon dating and other scientific investigation to determine the age of a structure found earlier this year inside the Gyanvapi Masjid complex, citing Supreme Court directives to keep the premises sealed.

A district court in Varanasi on Friday rejected a plea seeking carbon dating and other scientific investigation to determine the age of a structure found earlier this year inside the Gyanvapi Masjid complex, citing Supreme Court directives to keep the premises sealed.

(PTI)

Hindu petitioners claim that the structure — found during a survey ordered by a lower court — is a shivling but Muslim petitioners say that it is a fountain and part of the ceremonial ablution tank.

District judge AK Vishvesha turned down the Hindu petitioners’ plea seeking scientific investigation and carbon dating of the structure, arguing that if the integrity of the structure were changed during such a probe it would be violative of the Supreme Court order of May 17.

“If on the use of carbon dating technique or ground penetrating radar, the so-called ‘Shiva Lingam’ is damaged, then it would be a violation of the May 17, 2022, order of the Supreme Court. Apart from this, by doing so, the religious feelings of the common public may be hurt,” PTI quoted the judge as saying.

The SC, in its order on May 17, 2022, said that the section of the mosque complex where the shivling was ostensibly found shall remain protected, even as it said that Muslims have the right to offer namaz without any hindrance.

“I am also of the view that at this level, it would not be appropriate to direct the Archaeological Survey of India to determine the age, nature and composition of the so-called ‘Shiva Lingam’ found during the work of advocate commissioner. And if this is ordered, then it seems that there is no possibility of finding a judicious solution to the questions involved in the dispute,” he further said.

Government counsel Rana Sanjiv Singh said the court cited the apex court’s directivesissued on May 17for the safe keeping of the structure so that no tampering could be done.

The court fixed October 17 as the next date of hearing.

The counsel representing the Hindu plaintiffs called it an erroneous judgment and said they will challenge it in the Supreme Court.

“It was an erroneous judgment and hence we will challenge it before the Supreme Court,” said Madan Mohan, who represented the Hindu petitioners.

But the order was welcomed by the counsel for the Anjuman Intezamia Masjid Committee (AIMC) that manages the Gyanvapi mosque.

“Our argument objecting (to) the carbon dating or any other scientific investigation of the fountain, which the plaintiffs claimed to be a Shivling, was considered in the court. The court rejected the plea seeking scientific investigation,” said Marizuddin Sidddiqui, who represented AIMC.

During the last hearing, the counsel for AIMC argued that carbon dating of the structure is not possible since stone is not an organic matter, adding that the structure is not part of the suit property and hence, carrying out carbon dating or scientific investigation to verify its age is “irrelevant”.

“We told the court that if any other means of scientific investigation of the fountain or other structure is opted, it would be a violation of Supreme Court’s May 17 2022 order directing preservation of the area inside the Gyanvapi-Shringar Gauri complex where a shivling was said to be found. And all investigations involve destroying of structure (either by collecting samples or particles), hence it would be a sheer violation of the SC order,” said Siddiqui.

The Gyanvapi dispute dates back decades but in August last year, five women filed a petition in a local court demanding the right of unhindered worship at the Maa Shringar Gauri Sthal, located inside the complex that houses idols of Hindu gods. In April this year, the local court ordered a controversial survey of the complex, which quickly ran into protests. The survey was finally completed in May, but not before the Hindu side claimed that a shivling was found in the final hours of the exercise. The court clamped security on the entire complex even as the Muslim side argued that the structure found was a ceremonial ablution fountain.

The case finally reached the Supreme Court, which on May 20, transferred the suit from the Varanasi civil judge to the district judge and ordered the district judge to first decide on the maintainability of the suit filed by the Hindu women.

On September 12, the district court ruled that the pleas by the Hindu women were maintainable and could be heard.Ten days later, four of the five women filed a plea seeking carbon dating or scientific investigation of the structure, the complex walls and the Maa Shringar Gauri Sthal.

The plea was opposed not only by the mosque committee but also one of the Hindu petitioners Rakhi Singh, who called the plea a publicity stunt and said that carbon dating of the ‘shivling’ would be an act of sacrilege. On September 27, she filed a plea in the court against carbon dating.

On October 11, the court reserved its judgment.

Muslim clerics welcomed the order.

“Carrying out carbon dating would be a violation of the Supreme Court’s order that directs the district administration to seal and protect THE area. We hope that the matter gets resolved peacefully soon,” said Maulana Khalid Rasheed Farangi Mahali, imam of the Lucknow Eidgah, Lucknow and senior member of All India Muslim Personal Law Board (AIMPLB).

Rashtriya Swayamsevak Sangh (RSS) leader Indresh Kumar urged people to have patience and said, “ultimately the truth will come out”.

“There will be many other options to find the truth, the scientists, experts, and media persons will think about it,” ANI quoted him as saying. “Indians never destroyed any Masjid but the foreigners who invaded India destroyed our Temples and that is why we see Hindu deities in Masjids.”