By Rajesh Pandey
The Allahabad High Court on Tuesday adjourned till May 5, 2025, the hearing on a petition challenging the Varanasi judge’s order of October last year, whereby he had refused to direct the Archeological Survey of India (ASI) to usurveythe Wazukhana (ablution) area except for the structure, which the Hindu side calls a Shivling and the Muslims describe as a fountain, inside the Gyanvapi mosque located adjacent to the Kashi Vishwanath temple.
The order was passed by Justice Rohit Ranjan Agarwal on a civil revision filed by Rakhi Singh, one of the plaintiffs, before the Varanasi court.
The revision has been filed challenging the Varanasi district judge’s order dated October 21, 2023, refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area except for the ‘Shiva Linga’ inside the Gyanvapi Mosque
On Tuesday at 2 p.m., when the case was taken up, it was informed to the court that the Supreme Court on December 12 had restrained the courts across the country from passing any order on religious structure.
The interim order granted by apex court in Writ Petition (Civil) No. 1246 of 2020 (Ashwini Kumar Upadhyay vs. Union of India nd others) wherein the Apex Court had directed that though fresh suits may be filed, no suits would be registered and no proceedings shall be undertaken therein till further orders of apex court.
Further, the apex court in pending suits had directed that no court will pass any effective interim orders or final orders, including orders directing surveys, etc., operating till April,21,2025. On which, the court adjourned its hearing till May 5.
The court also granted time to the mosque committee to file its counter-affidavit in the meantime.
In her revision, Rakhi Singh has pleaded that the survey of the Wuzukhana area is necessary in the interest of justice. It shall benefit the plaintiffs and defendants alike and help the court arrive at a just decision in the suit.
In the revision, it has been said that the ASI survey of the Wuzukhana area is necessary so that the religious character of the entire property can be determined.
