Allahabad HC adjourns hearing on plea seeking ASI survey of Gyanvapi wazukhana
Justice Rohit Ranjan Agarwal passed the order in a petition filed by Rakhi Singh who is one of the plaintiffs in the Shringar Gauri worshipping suit 2022, which is presently pending before the Varanasi's district court.
The petition in the high court has challenged a Varanasi district judge's order refusing to direct the Archeological Survey of India to undertake a survey of the wazukhana area except the structure the Hindu side claims to be a Shivlinga and the Muslim side describes as a fountain in the Gyanvapi mosque complex.
In her application before the Varanasi court, which was rejected on October 21, 2023, the primary contention raised by Rakhi Singh was that the survey of the wazukhana, excluding the Shivlinga, is necessary to ascertain the religious character of the property in question (Gyanvapi precincts).
However, while rejecting her application, the district judge had observed in his order that the apex court vide its order dated May 17, 2022 had ordered to duly protect the area where the Shivalinga is stated to have been found and therefore it is not proper to direct the ASI to survey the area as it would violate the Supreme Court's order.
In the order dated October 21, the district judge also noted that the particular area was also excluded from the ambit of the ASI survey ordered by his court vide an order dated July 21, 2023, passed in the 2022 suit.
In her revision plea, petitioner Rakhi Singh has stressed that the survey of the wazukhana area is necessary in the interest of justice and it shall benefit the plaintiff(s) and defendants alike and come in aid of the court to arrive at a just decision in the 2022 suit.
A scientific survey of the complex has already been conducted by the ASI and the report submitted to the Varanasi district judge. The survey was conducted in accordance with a July 2023 order of the district judge to determine if the mosque was built over a pre-existing structure of a Hindu temple.
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