Rajesh Pandey
The Allahabad High Court has adjourned till November 8, 2024, the hearing of a petition challenging the Varanasi district judge’s order of October last year whereby he had refused to direct the Archeological Survey of India (ASI) to undertake a survey of the 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.
During the court proceedings, in pursuance of the earlier order passed by the court, one Saurabh Tiwari, the counsel for revisionist- petitioner filed ASI report before the court.
The order was passed by Justice Rohit Ranjan Agarwal while hearing a civil revision filed by Rakhi Singh one of plaintiffs before 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 .
The present revision petition has been filed by Rakhi Singh one of plaintiffs in Sringar Gauri worshipping suit before Varanasi court.
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’s 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.
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 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.
Earlier, at one stage, the Anjuman Intezamia committee of Gyanvapi mosque had filed its counter affidavit (reply) before the high court stating that matter relating to Wazukhana and Shivlinga is already pending before the apex court and there is stay order operating that it should be preserved and its safety and security has been handed over to district magistrate , Varanasi. So in this backdrop, the district judge, Varanasi has rightly rejected the application of Hindu side on October 21, 2023 seeking ASI survey of the Wazukhana area except for the Shiva Linga inside the Gyanvapi mosque, as the matter is covered by the apex court’s interim orders arising out of the same suit, added the counter affidavit filed by Anjuman Intezamia, the management committee of Gyanvapi mosque through its counsel senior advocate SFA Naqvi.
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 earlier order of the Varanasi district judge to determine if the mosque was constructed over a pre-existing structure of a Hindu temple.
