Full Judgment Text
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PETITIONER:
SPECIAL REFRENCE NO. 1. OF 1993
Vs.
RESPONDENT:
DATE OF JUDGMENT21/09/1993
BENCH:
VENKATACHALLIAH, M.N.(CJ)
BENCH:
VENKATACHALLIAH, M.N.(CJ)
BHARUCHA S.P. (J)
AHMADI, A.M. (J)
VERMA, JAGDISH SARAN (J)
RAY, G.N. (J)
CITATION:
1993 SCC (1) 680 1993 SCALE (4)582
ACT:
HEADNOTE:
JUDGMENT:
ORDER
I. A. Nos. 7, 14, 15 and 16 of 1993
1. By these applications the applicants seek certain
directions from the Court to the Government of India and the
authorised persons to make proper arrangements for
preserving and conserving the archaeological objects in the
possession of the authorities related to the disputed
structure and further to direct the authorities to carry out
certain scientific tests to determine their age and other
incidents said to be relevant to controversy in the
Reference.
2. Having regard to the present stage of the proceedings
and the yet undecided preliminary issue as to the very
maintainability of the reference itself, it appears to us
appropriate that while we grant the first prayer as to
preservation of the objects, however, the consideration of
the second prayer should be deferred till an appropriate
later stage.
3. Accordingly, these interlocutory applications are
disposed of with a direction to the Union Government, the
State of Uttar Pradesh and authorised persons to make proper
arrangements for preserving and conserving the
archaeological objects in their possession, allegedly
relating to the disputed structure, in an appropriate
manner. The preservation shall be made according to the
accepted scientific standards relating to such objects and,
if necessary, in consultation with the Archaeological Survey
of India.
4. We also direct that ’estampages’ of the inscriptions of
these articles may be taken and preserved by the authorities
in consultation with the Archaeological Survey of India in a
manner acceptable to and approved by the Archaeological
Survey of India. One set of ’estampages’ so obtained shall
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be preserved in a sealed cover. If the process of obtaining
the ’ estampages’, in the opinion of the experts of
Archaeological Survey of India, is likely to disfigure or
damage the articles, the authorities in their discretion may
abstain from such estampages of such objects.
5. So far as the second aspect of the prayer is concerned,
the submission is that these objects should be subjected to
Radio-Carbon-Dating and Thermo-Luminiscence procedures so as
to determine the age and other particulars of these objects.
This prayer will not be granted at this stage. After the
preliminary issue is decided and depending upon the finding,
the question whether the prayers should be granted or not,
or whether they survive or not will be taken up for
consideration if raised at an appropriate stage.
6. The interlocutory applications are disposed of
accordingly.
Court Master
688