Gyanvapi - Kashi Vishwanath case: Supreme Court puts on hold Allahabad High Court directions for scientific analysis of Shiva Linga

The Supreme Court on Friday deferred for the time being, the directions of the Allahabad High Court allowing a scientific investigation to ascertain whether the object found during the survey of the Gyanvapi Mosque premises is a Shiva linga or a fountain..A bench of Chief Justice of India (CJI) DY Chandrachud with Justices PS Narasimha and KV Viswanathan passed the order deferring the High Court directions for the time being.The Court also sought the responses of the Central and Uttar Pradesh governments to the appeal filed by Muslim party challenging the High Court direction."The special leave petition (SLP) was mentioned to be listed today. But the main matter SLP has been listed today. Solicitor General (SG) Tushar Mehta appears for UP and Union of India. SLP is taken on board. Notice shall be issued. Parties accept notice. Since the implications of the directions in High Court order would merit closer scrutiny, thus it stands deferred till next date," the Court directed. .The bench was hearing an appeal challenging an Allahabad High Court that had allowed a scientific investigation to find out if the object found during the survey of the Gyanvapi Mosque premises is a Shiva linga or a fountain.The case was mentioned before by Senior Advocate Huzefa Ahmadi representing the Muslim party in the matter, on Thursday.He had submitted that while an appeal filed by the Committee of Management of Anjuman Intezamia Masjid challenging the Varanasi court order on the issue of maintainability was still pending, an order for carbon dating was allowed by the court.The High Court had observed that a technical and scientific report of the ASI has opened ways for carrying out scientific investigation of the Shivlinga without causing any damage to the structure in question.It had, therefore, set aside Varanasi District Court's order of October, 2022 which had rejected a the plea filed by by Hindu parties seeking directions to the ASI to conduct a scientific investigation.The case was mentioned before by Senior Advocate Huzefa Ahmadi representing the Muslim party in the matter, on Thursday for urgent listing.The Court had then listed the matter today..Apex court hearing todayWhen the matter came up for hearing, Ahmadi said that the carbon dating is set to happen on May 22, Monday. "Let them not do it during the holiday," he said."Should we examine it carefully SG," the bench asked SG Mehta. "Yes my lord.. there should be no damage to the structure which one side claims a Shivling and other calls a fountain," the SG replied.The Court then proceeded to issue notice while putting the High Court directions on hold. .The case itself began when Hindu devotees approached a civil court seeking the right to worship inside Gyanvapi Mosque, claiming that it was a Hindu temple and still houses Hindu deities.The civil court ordered a survey of the Mosque by an advocate commissioner, who then videotaped the premises and submitted a report to the civil court. The report, among other things, stated that an object similar in appearance to a Shivling was found.The matter was later transferred to the District Court, Varanasi on orders passed by the Supreme Court.On October 14 last year, the District Court passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain, as claimed by the respondents.The order of the District Court was challenged before the High Court on the ground that it wrongly presumed that a scientific investigation in the form of carbon dating or use of a ground penetrating radar would harm or damage the object.The High Court ruled in favour of the Hindu party leading to the present plea before the top court..[Read order]