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GYANVAPI| 'Lethargic Attitude': Allahabad HC Raps ASI DG For Failure To File Reply On Safe Evaluation Of 'Shiva Linga' Age
Sparsh Upadhyay
5 April 2023 11:16 AM GMT
The Allahabad High Court today rapped Archaeological Survey of India's Director General V. Vidyavathi for her failure to file a reply giving an opinion as to whether a safe evaluation of the age of the 'Shiva Linga', purportedly found inside the Gyanvapi Mosque complex, can be done.Calling her attitude as 'LETHARGIC', the bench of Justice Arvind Kumar Mishra-I observed that her inaction...
The Allahabad High Court today rapped Archaeological Survey of India's Director General V. Vidyavathi for her failure to file a reply giving an opinion as to whether a safe evaluation of the age of the 'Shiva Linga', purportedly found inside the Gyanvapi Mosque complex, can be done.
Calling her attitude as 'LETHARGIC', the bench of Justice Arvind Kumar Mishra-I observed that her inaction has hampered the proceedings of the Court. However, the Court went ahead to give her a last chance to file a reply in the case on or before April 17.
"Certainly this lethargic attitude on the part of the Director General, Archaeological Survey of India is highly deplorable and such practice must be deprecated. The desired report has not been submitted as directed since last November 2022...A high authority holding post of Director General, Archaeological Survey of India, controlling particular administration all over the country must know the seriousness of the matter and ought to respect the orders of the Court, primarily of higher Courts," the Court observed.
Further, noting that the matter can be kept pending before the Court as it has an element of high publicity all over the country, the Court clarified that it will not permit any authority to occasion delay on the pretext of the submission of the desired report of the Archaeological Survey of India.
The Court passed this order in a revision plea moved before it challenging the Varanasi Court's October 14 order wherein it had rejected Hindu worshippers' plea for conducting a scientific probe of the 'Shiva Linga', reportedly found inside Gyanvapi Mosque premises on May 16.
It may be noted that the Anjuman Masjid committee (which manages the Gyanvapi Mosque) has been calling the structure found inside the mosque premises in question as a 'Fauwara/Fountain'. On the other hand, the Hindu worshippers have been calling the structure as 'Shiva Linga'.
It may further be noted that hearing the matter on November 5, the Court issued a notice to the Archaeological Survey Of India (ASI) essentially asking the DG, ASI to give her opinion on the following issues by November 21, 2022.
"...whether investigation of the structure found at site, subject matter of Original Suit No.18 of 2022 if examined through the methods of Carbon Dating, Ground Penetrating Radar (GPR), Excavation and other methods adopted to determine its age, nature and other relevant information is likely to damage it or a safe evaluation about its age can be done."
The ASI has been submitting before the Court that it needs further time to file a report on the matter. On January 19, the ASI submitted before the Court that it needs a further 8 weeks' time to file a response to Court's query.
Essentially, this issue came for the Court's consideration as the Revisionists (Laxmi Devi And 3 Others), while challenging the Varanasi Court's October 14 Order, have also sought HC's direction to the ASI to conduct a scientific probe of the 'Shiva Linga' through the methods of Carbon Dating, Ground Penetrating Radar (GPR), and Excavation.
The Revisionists further seek a direction to the ASI to give its opinion through the issue of a Commission for scientific investigation to determine the age, nature, and other constituents of the Shivlingam, employing the abovementioned methods.
For the uninitiated, a prayer (scientific probe of the 'Shiva Linga') to this effect was earlier made before the Varanasi Court in September 2022, however, the same was rejected taking into account the Supreme Court's May 17 order to protect the spot where the "Shiva Linga" was claimed to have been found during the survey of the Gyanvapi mosque.
"If Carbon Dating or Ground Penetrating Radar is permitted and if any damage is caused to the 'Shiva Linga' then it would be a violation of the Supreme Court order to protect it and it might also hurt the religious sentiments of the general public," remarked the Varanasi Court while dismissing HIndu worshippers' plea.
Challenging that order, the instant revision plea was moved before the High Court last year in November.
Case title - Smt. Laxmi Devi And 3 Others. v. State Of U.P Thru Principal Sec.(Civil Sec.) Lko. Nd 3 Otrs [CIVIL REVISION No. - 114 of 2022]
Click here To Read/Download Order
