In a major decision, District Judge Ajay Krishna Vishvesh, on Friday, rejected the demand of a Hindu group of petitioners for carbon dating of the “Shivling-like” structure found on the Gyanvapi mosque premises here.
The judge gave the verdict after the completion of arguments on carbon dating and scientific test of the alleged “Shivling”. Judge Vishvesh cited Supreme Court directives for the safekeeping of the Shivling-like structure so that no tampering can be done, said Government counsel Rana Sanjiv Singh.
The court said in view of the SC rulings and keeping public sentiments in mind, the carbon dating cannot be allowed and the “wazookhana” will remain sealed, said Shivam Gaur, lawyer from the Hindu side.
Vishnu Shankar Jain, advocate of the four Hindu petitioners seeking carbon dating of the “Shivling”, said they would now approach the apex court with their demand.
Four of the five Hindu parties had sought carbon dating of the “Shivling” found during a court-mandated videography survey of the mosque premises close to the “wazookhana”, a small reservoir used by Muslim devotees to perform ritual ablutions before offering namaz.
The mosque management committee claims that the structure is not a “Shivling” but a part of the “wazookhana” reservoir system.
Judge Vishvesha said, “The petitioners from number 2 to 5 had prayed that carbon dating or any other scientific technique like ground penetrating radar be used and the composition, nature and age of the ‘Shiva Lingam’ found during the work of court commissioner on May 16 be determined.”
After the completion of the hearing of the Hindu side and the mosque committee on Tuesday, the district court had decided to pronounce its verdict on October 14.
Emerging from the court, Jain told reporters, “Our struggle will continue. This fight is for truth... I want to say that we are those people who do not get over excited in victory, and do not become too sad in defeat. This is our struggle and it will continue.”
“The struggle is for justice and truth. We are firm on our demand for scientific survey, and we will go to the Supreme Court with that demand. I know this much that our struggle for our God and for those who we worship will continue and with enthusiasm.”
He added, “Mohammad Ghori had invaded India 17 times, and emerged victorious in his 18th attempt.”
Asked if there was a division in the Hindu side over the carbon dating demand, Jain said the objections raised by Rakhi Singh’s lawyer were clarified. Of the five Hindu petitioners in the case, Singh had not called for carbon dating.
Advocate Mumtaz Ahmed, who appeared for the Muslim side, had earlier said they have told the court that carbon dating cannot be done. If the object gets damaged in the name of carbon dating, it amounts to defiance of the Supreme Court order, he had said.
The Muslim side had also contended that the SC had asked the Varanasi district magistrate to keep the structure safe and in such a situation, getting it examined cannot be justified.
The Muslim side had also opined that the original case is about the worship of Shringar Gauri while the structure in the mosque has nothing to do with it.
In such a condition, neither any investigation can be done by the Archaeological department nor a legal report be called after conducting a scientific investigation, they had said.
On the other hand, the Hindu petitioners had contended that the “Shivling” found in the “wazookhana” was part of the case property while putting forward their arguments in favour of carbon-dating of the structure.
The Gyanvapi mosque is located next to the iconic Kashi Vishwanath temple and the case in the Varanasi court has revived claims that the mosque was built on a portion of the Hindu structure demolished on the orders of Mughal emperor Aurangzeb.
Elaborate security arrangements were made on the Gyanvapi premises during the Friday’s namaz. Right from the morning, a heavy police force was deployed in Shri Kashi Vishwanath Dham and Gyanvapi Masjid premises to avoid any untoward incident as the court’s decision was expected in this highly sensitive case during the day.
In the last hearing on October 11, the advocate of Anjuman Intezamia Committee had submitted its objection on the demand for carbon dating of the alleged “Shivling” claimed to have been found from the wuzu khana of Gyanvapi Masjid.
On the same date, advocate Vishnushankar Jain representing the Hindu side opposed the former, presenting his counter reply.