Rajesh Pandey
In a matter seeking an ASI survey of the Wazukhana (ablution pond) area except for the Shiva Linga inside the Gyanvapi mosque, the Allahabad High Court on Tuesday fixed October 1, 2024, for the next hearing and directed the petitioner’s counsel to file supplementary affidavit bringing on record the application moved by one of the plaintiffs- Laxmi Devi earlier for the scientific investigation/survey of the protected area, which was decided by the apex court in the year 2023 and the matter is pending before the apex court.
The order was passed by Justice Rohit Ranjan Agarwal hearing a Civil Revision filed by Rakhi Singh one of the plaintiffs before the Varanasi counter. 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 revision petition has been filed by Rakhi Singh one of the plaintiffs in the Srinagar Gauri Worshipping suit before the 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 District Judge, in his October 21 order, failed to exercise the jurisdiction vested in it by law to direct the survey of the Wuzukhana area.
Appearing before court Saurabh Tiwari with 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.
