The Allahabad High Court on Wednesday directed to hear on July 9, 2024 a civil revision petition filed before it challenging the Varanasi District Judge’s order dated October 21, 2023, whereby he refused 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 at Varansi district.
When the case was taken up on Wednesday, the counsel for opposite sides were not present. Hence Justice Rohit Ranjan Agarwal directed petitioner’s counsel Saurabh Tiwari to inform the chief standing counsel, counsel for Archaeological Survey of India and counsel for Anjuman Intezamia Masjid, the management committee of Gyanvapi mosque within 24 hours in writing. However, Vineet Sankalp, advocate, who appeared on behalf of Vishwanath Mandir Trust,which is fifth respondent (opposite party) in this case was present.
In January this year, the Anjuman Intezamia Masjid Committee, which manages the Gyanvapi Mosque in Varanasi, was issued a notice by the court.
This revision petition has been filed by Rakhi Singh, who is first plaintiff in the Shringar Gauri Worshipping suit 2022, which is presently pending before the Varanasi Court.
In her revision petition Rakhi Singh emphasized 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 2022 suit, she added.
It has also been contended that the Varanasi District Judge, in his October 21, 2023 order failed to exercise the jurisdiction vested in it by law to direct for the survey of the Wuzukhana area.The counsel for the petitioner has taken the plea that the ASI survey of the Wuzukhana area is necessary so that the religious character of the entire property could be determined.
It was also argued that it is possible to survey the Wuzukhana area (except for the ‘Shiva Linga’) using non-invasive methods as directed by the Supreme Court.It may be noted that the ASI has already conducted a scientific survey of the Gyanvapi complex in Varanasi and has also submitted its report to the Varanasi District Judge.
The ASI conducted this survey in accordance with the July 21 2023 order of the Varanasi District Judge to determine if the mosque was constructed over a pre-existing structure of a Hindu temple.
