By Rajesh Pandey
The Allahabad High Court on Wednesday adjourned till August 22, 2024, the hearing of a petition challenging the Varanasi district judge’s order, whereby he had refused to direct the Archeological Survey of India (ASI) to undertake survey of the Wazukhana area except for the Shiva Linga inside the Gyanvapi mosque.
Justice Rohit Ranjan Agarwal passed this order when information regarding the illness of the counsel appearing for Muslim side was communicated to the court.
Earlier on July, 9 2024, the high court had granted one month’s time to the Intezamia committee of Gyanvapi Mosque, Varanasi to file its counter affidavit (counter reply) in response to a civil revision petition challenging the Varanasi district judge’s order dated October 21, 2023, whereby he had 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 and had fixed August, 14 for hearing.
Today (on Wednesday), an illness slip was sent on behalf of counsel for the Muslim side and a request was made to adjourn the matter. On which court fixed August 22, 2024 as the next date for the hearing.
This revision petition has been filed by Rakhi Singh, one of the plaintiffs in the Shringar Gauri worshipping suit pending before the Varanasi court.
Though the court had on July 9, 2024, granted four weeks to the Intezamia committee to file a counter affidavit, as per counsel of Rakhi Singh, the Muslim side has filed no counter affidavit till date.
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.
It has also been contended that the Varanasi District Judge, in his October 21 order, failed to exercise the jurisdiction vested in it by law to direct for the survey of the Wuzukhana area.
It has further been submitted that in his order, the court of Varanasi district judge erred in stating that in its July 21, 2023 order (for the Survey of Gyanvapi premises), it had deliberately excluded the duly protected area from the ambit of the survey, as in the application on which the said order was passed, there was no prayer seeking survey of the protected area.
Earlier, while appearing before the court, Saurabh Tiwari and Amitabh Trivedi argued 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 had conducted 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.