Gyanvapi-Kashi Vishwanath case: Order on Hindu parties plea for scientific analysis of Shivalinga deferred by Varanasi court till October 11

A Varanasi court on Friday deferred its order in the plea by Hindu parties seeking directions to the Archaeological Survey of India (ASI) to conduct a scientific investigation to ascertain whether the object found during the survey of the Gyanvapi Mosque premises is a Shivalinga or a fountain [Smt. Rakhi Singh v State of UP]..District Judge Dr. AK Vishvesha posted the matter for October 11, 2022 when he is likely to pronounce order after hearing the Mosque Committee, which had sought time to respond to the following two clarifications raised by the Court:- Whether the Shiva Linga (reported to be found) inside the Gyanvapi Mosque premises is a part of suit property or not?- Does the court have power to direct 'scientific investigation' of the alleged structure?For the Hindu Worshippers (plaintiffs), advocate Vishnu Shankar Jain told the Court on Friday that the Shivalinga (reported to be found) is a part of the suit property. To the second query of the Court, Jain said that by virtue of Order 26 Rule 10A of the Civil Procedure Code 1908, the Court has power to direct 'scientific investigation' of Shivalinga reportedly found in the Gyanvapi Mosque premises during the survey.On these clarifications, the Court will hear the Mosque Committee on October 11..Pertinently, there is disagreement between the Hindu parties on the plea for scientific analysis. Four out of the five plaintiffs are in favor of the scientific investigation while one plaintiff, Rakhi Singh, is opposing the plea along with the Mosque committee..The Hindu parties had moved the Court contending that the object discovered at the site after survey by an advocate commissioner is a Shiva Linga which is an object of worship for Hindu devotees and has been existing within the premises in question since time immemorial.In light of this, it was argued that with the aim to do complete justice and to provide a remedy to a large number of Lord Shiva worshippers, it is necessary that the Court direct the ASI to find the nature and age of the same."That for proper adjudication of the case it is necessary that a scientific investigation be made regarding the length, width, height, age, make up and constituents of the Shivalingam," the application said..The Gyanvapi dispute started when Hindu devotees approached a civil court claiming the right to worship inside the premises of the Gyanvapi Mosque, on the ground that it was a Hindu temple and still houses Hindu deities.The civil court ordered a survey of the Mosque by an advocate commissioner. The advocate commissioner then conducted the video graphed survey and submitted a report to the civil court.The suit before the civil court was, however, transferred to the District Judge by the Supreme Court on May 20 in view of the sensitivity of the issue involved.The District Court, on September 12, held that the suit was not barred under the Places of Worship (Special Provisions) Act, 1991.The Hindu parties then moved the present application before the Court seeking carbon dating.