Allahabad High Court rebukes ASI Director General for delay in response on Shiva Linga age evaluation

The Allahabad High Court pulled up the Director General (DG) of the Archaeological Survey of India (ASI), V Vidyavathi, for her "lethargic attitude" in failing to file her response on whether there could be a safe scientific evaluation of the age of the 'Shiva Linga' found inside the Gyanvapi Mosque.

ASI DG Rebuked by Allahabad High Court: The single-judge Justice Arvind Kumar Mishra-I rebuked ASI DG V Vidyavathi for her "lethargic attitude" in not filing her response despite court orders.

Last Opportunity Given: The order passed on March 20 gave the DG, ASI the last opportunity to submit the desired report. However, the same has not been submitted yet, which inaction appears to have hampered the proceedings of this Court on the point of consideration and disposal of this revision.

Importance of the Matter: The judge said that the authority must understand the importance of the issue in hand, as a high authority holding post of DG, ASI, 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.

Final Chance Given: The bench gave one final chance to the DG to file her response by April 17. The matter cannot be kept pending for long, especially since it involves an element of high publicity all over the country.

Background of the Case: The bench was hearing a civil revision application filed by Hindu worshippers, challenging the October 2022 order of a civil court rejecting their plea for the scientific study of the 'Shiva Linga' found inside the Gyanvapi Mosque in May last year. The civil court in its order had referred to the orders of the Supreme Court passed on May 17 last year, to protect the spot from where the alleged Shiva Linga was said to be discovered.

Legal Dispute: The Hindus and Muslims have been at loggerheads over the object discovered in Gyanvapi mosque. While the Hindus claim it is a Shiv Linga and that the premises also have idols of Hanuman, Shringar Gauri, and Ganesh, the Muslims have maintained that it has been a mosque from around 600 years and on the disputed site, they have been offering namaz from the same time.

Court's Decision: The legal dispute began when Hindu devotees approached a civil court seeking the right to worship inside Gyanvapi Mosque, claiming that it was a Hindu temple and still houses Hindu deities. The court ordered a survey of the Mosque by an advocate commissioner, who then videotaped the premises and submitted a report to the civil court. The report, among other things, stated that an object similar in appearance to a Shivling was found. On October 14 last year, the civil court passed an order rejecting a plea for scientific investigation to ascertain whether the object was a Shivling or a fountain, as claimed by the respondents.

High Court Intervention: The order of the lower court was challenged before the High Court on the ground that it wrongly presumed that a scientific investigation in the form of carbon dating or use of a ground penetrating radar would harm or damage the object. In November last year, the High Court sought a response from the DG, ASI on whether there could be a safe evaluation of the age of the said Shiva Linga.

Hearing Date: The matter will be heard next on April 17, 2023

Case: Smt. Laxmi Devi & Ors. v State & Ors.

Counsel for Revisionist: Mr. Prabhash Pandey, Mr. Vishnu Shankar Jain

Counsel for Opposite Party: CSC, etc.

Order Date: 05.04.2023 

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