New Delhi, May 19.
The Supreme Court on Friday stayed for now the proposed carbon-dating of a structure being claimed by warring parties inside the Gyanvapi mosque complex. This is a sensitive issue, a bench led by Chief Justice of India D.Y. Chandrachud said.
The Allahabad High Court had on May 12, 2023, ordered the ASI to carry out carbon-dating of the structure which the mosque management says is a fountain.
Those who have staked claim to the mosque have claimed that the structure is a shivling while the mosque management says that it is a fountain that provides water to the devout.
The mosque management had opposed any carbon-dating. The carbon-dating was to take place on Monday. Carbon-dating would help the ASI trace its antiquity.
The bench issued notices to in the case on the mosque management’s fresh appeal and deferred a hearing on the issue for now. “The implications of the High Court order would merit closer scrutiny,” the bench which also included Justices P.S. Narasimha and J.B. Pardiwala said.
Before passing the order, the bench consulted SG Tushar Mehta on the issue.
He also cautioned the court that the structure could get damaged during the process of carbon-dating. Instead, he sought more time to allow the government to find other alternatives.
“Other options could be explored,” he said.
However, Vishnu Jain, lawyer for those claiming that the structure was a shivling, claimed that the ASI reports submitted to the High Court have said that the structure would not be damaged by carbon-dating and that the court could look at them.
The CJI dismissed the plea with observations to the effect that these were matters where “we have to tread carefully”. “Let the government consider the situation. Let them consult the ASI… consider other options.”
Senior advocate Huzefa Ahmadi speaking for the mosque management flagged several issues of concern to the top court.
A suit on the issue is pending yet orders are being passed calling for scientific investigation on the claims and counter-claims, he argued. Eventually, the bench said that they would hear the carbon-dating plea with the earlier petition pending before the top court.
