Varanasi Court Rejects Hindu Worshippers Petition For Scientific Probe Into ‘Shiva Linga’ In View Of Supreme Court Order

The Varanasi Court has rejected a petition moved by the Hindu worshippers seeking a scientific investigation into ‘Shiva Linga’, reportedly found inside the Gyanvapi Mosque premises.
However, the Hindu worshippers had sought a scientific investigation to determine the age of the structure in question ‘Shiva Linga’ (as claimed by the Hindu worshippers). Further, it may be noted that the Anjuman Masjid committee has been calling the structure in question as ‘Fauwara/Fountain’
The District Judge AK Vishvesha rejected the petition filled by Hindu worshippers’ a after rejecting the objections of the Anjuman Intezamia Committee (which manages Gyanvapi mosque) objected to the plea moved by Hindu worshippers.
The petition filled was rejected by the court in view of the Supreme Court’s order to protect the spot where a “shiv ling” was claimed to have been found during the survey of the Gyanvapi mosque.
Earlier, on October 7, it may be noted that the Varanasi Court had deferred the hearing on the plea after seeking clarifications from the parties on the following two points:
Whether the structure being found inside the Gyanvapi Mosque premises [alleged Shiva Linga] is a part of this suit property or not?
Can the court issue a commission for the purpose of scientific investigation?
Before the Court, the counsels appearing for the Hindu Worshippers had submitted that the structure (‘Shiva Linga’) is a part of the suit/case property as its original pleadings state that the suit relates to visible or invisible deities and since the alleged Shiva Linga became visible during the court-appointed survey and the same would definitely be of a property suit.
Further, it has also been clarified that under Order 26 Rule 10A of CPC, the Court has the power to the Court to issue a commission for scientific investigation. Thus, now the Mosque committee filed its reply in the matter.
On October 11, the Anjuman Intezamia Committee (which manages Gyanvapi mosque) had objected to the demand of the Hindu worshippers seeking a scientific probe into the structure in question.

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