Refrence No. 1. of 1993  INSC 373 (21 September 1993)
M.N.(Cj) Venkatachalliah, M.N.(Cj) Bharucha S.P. (J) Ahmadi, A.M. (J) Verma, Jagdish
Saran (J) Ray, G.N. (J)
1993 SCC (1) 680 1993 SCALE (4)582
ORDER I. A. Nos. 7, 14, 15 and 16 of 1993
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.
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.
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.
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 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.
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.
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.
interlocutory applications are disposed of accordingly.