Terming Shivaling in Gyanvapi mosque a 'fountain' is derogatory; conduct scientific analysis to end debate: Hindu parties to Supreme Court

Terming the Shivling found inside the disputed Gyanvapi mosque as a 'fountain' amounts to denigrating it and a scientific analysis of the disputed object should be conducted to settle the debate, the Hindu parties in the case told the Supreme Court on Monday.The Supreme Court had, in May this year, ordered that the Allahabad High Court directions for a scientific investigation of the disputed object by the Archaeological Survey of India (ASI), be deferred for the time being.The apex court had also sought the responses of the Central and Uttar Pradesh governments to the appeal filed by Muslim party challenging the High Court direction..The Hindu petitioners in its latest affidavit drafted by Advocate Vishnu Shankar Jain said that the Shivling is being denigrated by the Muslim petitioners by referring to it as a 'fountain, since the Hindus believe that "the Shivlingam is an article of faith and worship for Hindus not just in India but worldwide and therefore they have fundamental right to worship the deity". "It is evident that for completely and finally deciding the suit, it is a prerequisite that the scientific investigation of the Shivlingam/fountain is conducted," the affidavit said. .The Hindu parties further stated that the scientific exercise proposed to be conducted by the experts of the ASI will be in the following manner:(i) Spot inspection of the sealed area within the site in question by a panel of experts of the ASI;(ii) Formation of opinion of experts as to the method to be adopted to conduct the said exercise without any damage;(iii) Sample of binder (the 5 segments on the top of Shivling) will be taken of 10 grams;(iv) Use of Ground Penetrating Radar technique to ascertain as to whether there is a structure or object beneath the Shivlingam;(v) Digging of the sealed area may take place as per the opinion of the experts;(vi) Assuming that during digging, certain objects of Archaeological importance are found, dating of the said objects can be done if they are not part of the Shivlingam by taking particles (other constituents of Shivlingam);(vii) The experts of the ASI are also of the opinion that techniques can be used to ascertain as to whether the religious is protruding out of the in-situ rock..The affidavit further stated that the High Court order is "perfectly valid and justified" since the report submitted by the ASI and opinion of the experts state the nature and age of the object can be established by scientific analysis. "By making due investigation, it can also be ascertained that the structure is protruding, in situ rock or not. In view of the facts of the case, the expert opinion can be obtained by appointing competent persons to undertake required scientific investigation by the court in exercise of powers under Order 26 rule 10-A CPC and therefore the impugned order passed by the Hon'ble High Court is perfectly valid and justified," the affidavit stated. .CJI DY Chandrachud led bench will tomorrow hear the matter tomorrow..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.