In a matter seeking ASI survey of the Wazukhana (ablution pond) area except for the Shiva Linga inside the Gyanvapi mosque, the Anjuman Intezamia committee of Gyanvapi mosque on Thursday 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 the district magistrate, Varanasi.
“Hence, any further action is not permissible. Instead, the petitioner should approach the apex court to seek clarification of apex court’s 2022 order. 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.
Taking the affidavit on record, Justice Rohit Ranjan Agarwal granted two weeks’ to Saurabh Tiwari, the counsel for the petitioner to file rejoinder affidavit and fixed September 9, 2024 as the next date of hearing.
In the present civil revision, the petitioner Rakhi Singh has challenged the Varanasi district judge’s order dated October 21, 2023, whereby he had refused to direct the Archeological Survey of India (ASI) to undertake survey of the Wazukhana (ablution pond) area except for the Shiva Linga inside the Gyanvapi mosque.
Rakhi Singh is one of plaintiffs in Shringar Gauri worshipping suit pending 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 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.
Earlier, petitioner’s counsel had 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.
