Allahabad High Court: In a revision petition relating to Gyanvapi Mosque case Arvind Kumar Mishra-I, J. criticised the lethargic attitude on the part of the Director General, Archaeological Survey of India (‘ASI’), as highly deplorable, and gave last chance to submit its report on or before 17-04-2023.
A suit was instituted for the purposes of enforcing the right to all rituals of Maa Shringar Gauri, Lord Ganesha, Lord Hanuman and other visible and invisible deities. The plaintiffs/revisionists prayed to make an appropriate survey or undertake Ground Penetrating Radar (‘GPR’) and/or excavation to find out the nature of construction beneath the Shivlingam discovered on 16-05-2022. To make scientific investigation by carbon dating or otherwise to determine the age, nature and other constituents of the Shivlingam.
The Court in its order dated 04-11-2022 directed the Director General, Archaeological Survey of India(‘ASI’) to submit his opinion whether investigation of the structure found at site, if examined through the methods of Carbon Dating, GPR, excavation and other methods adopted to determine its age, nature and other relevant information is likely to damage it or a safe evaluation about its age can be done. Further, the Court took note of its order dated 20-03-2023, wherein it said that the time extension application has already been given in the garb of obtaining advice from other agencies. More time should not be sought by the ASI as this is working against the interest of justice.
The Court noted that the desired report has not been submitted though directed since last November 2022.
The Court said that in pursuance of the order dated 20-03-2023, last opportunity was given to the Director, Archaeological Survey of India (‘ASI’) for submitting the desired report, however, the same has not been submitted yet. This inaction appears to have hampered the proceedings of Court on the point of consideration and disposal of this revision. The Court criticised this lethargic attitude on the part of the Director General, ASI, as highly deplorable, and said that such practice must be deprecated.
The Court also said that such a high authority holding the post of Director General, ASI controlling administration all over the country must know seriousness of the matter and ought to respect the orders of the Court.
Further, the Court gave ASI the last chance to submit report on or before 17-04-2023.
The matter will next be taken up on 05-04-2023.
[Laxmi Devi v State of UP, 2023 SCC OnLine All 124, decided on 05-04-2023]
Advocates who appeared in this case :
Counsel for Revisionist: Advocate Prabhash Pandey, Advocate Vishnu Shankar Jain;
Counsel for Opposite Party : Chief Standing Counsel Amitabh Trivedi, Advocate Fatima Anjum, Advocate Manoj Kumar Singh, Advocate Saurabh Tiwari, Advocate Syed Ahmed,Advocate Vineett Sankalp,Advocate Zaheer.
