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Monday, January 30, 2023

Gyanvapi: Request for carbon dating rejected, Hindu side to move SC


The district court on Friday rejected an application moved by the plaintiff for carbon dating or other scientific investigation of Shivling-like structure found inside the Gyanvapi mosque stating that in case if any harm is caused it will be in violation of the Supreme Court decree to preserve the structure.

In his order, District Judge Ajay Krishna Vishvesha said several applications have been moved under Order 1 Rule 10 of the Code of Civil Procedure by the third parties and the parties present can argue on it.

Meanwhile, Vishnu Shankar Jain, the counsel of plaintiffs number 2 to 5, said that they will challenge the district court’s order in the Supreme Court.

In his order the District Judge said, “I have heard both the parties and examined the documents. In their application plaintiffs number 2 to 5 have mainly prayed that the structure, nature and age of the Shivling found during the procedure executed by the Advocate Commissioner on May 16 should be done by using carbon dating or other scientific method like ground penetrating.”

The court said importantly with reference to the present case, the SC in its order dated May 12 had directed that the so-called Shivlingam found during the examination done by the Commissioner should be kept safe.

The court said, “In such a situation if any harm is caused to the so-called Shivlingam due to use of carbon dating technique or ground penetrating radar then it will be in violation of the SC order dated May 17. Besides, it may also hurt the religious sentiments of the common people.”

It said, “I am also of the view that it will not be appropriate to direct the Archaeological Survey of India to ascertain the age, nature and structure of the the so called Shivlingam found during the examination of Advocate Commissioner and there does not appear of any possibility of an equitable settlement of the intertwined questions by issuing such order.”

The court ordered, “In the light of the above discussion, I come to the conclusion that the application 250C is liable to be dismissed. The application is being dismissed.”

It said a number of applications have been moved by the third parties under Order 1 Rule 10 of the CPC. “Parties present can present their arguments on these applications,” it said.

After hearing the arguments the court has fixed October 17 as the next date of hearing.

After the hearing was over, Vishnu Shankar Jain, the counsel of Hindu side, said that they will challenge the court’s order in the SC. “The apex court in its order issued on May 22 had given power to the district court to decide the complete trial and the applications. The order passed by the district court is in violation of the SC order and we will move the apex court,” he said.

Notably, an application seeking carbon dating of the Shivling like Structure, the walls, Maa Shringar Gauri Sthal and other deities was moved in the district court on September 22.

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