Allahabad HC To Hear Tomorrow Plea Against Varanasi Court's Refusal To Direct ASI To Survey Gyanvapi Mosque's Wuzukhana Area

This development comes exactly a week after a single judge [Justice Manish Kumar Nigam] recused from hearing the matter. Following this, the bench of Justice Agarwal was nominated to hear the matter.

For context, this revision plea has been moved by Rakhi Singh (through Advocate Saurabh Tiwari), who is the plaintiff no. 1 in the Shringar Gauri Worshipping suit 2022 (presently pending before the Varanasi Court).

In her application before the Varanasi Court, rejected on October 21, the primary contention raised was that the survey of the Wuzukhana (excluding the 'Shivalingam') is necessary to ascertain the religious character of the property in question (Gyanwapi precincts).

Rejecting her application, District Judge Ajay Krishna Vishwesha had observed in his order that the Supreme Court, vide its order dated May 17, 2022, ordered to duly protect the area where the 'Shiva linga' 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.

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, she stressed that the survey of the Wuzukhana 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.

It has also been contended that the 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 argued that in his order, the Court of 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.

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. In its report, the Archaeological Survey of India (ASI) survey report has claimed that there existed a large Hindu Temple before the construction of the existing structure (Gyanvapi Mosque).

The report also asserts that the parts of the pre-existing temple including pillars were used in the construction of existing structure structures (Gyanvapi Mosque).

"Based on the study of architectural remains, exposed features, artefacts, inscriptions, art and sculptures, it can b said that there existed a Hindu temple prior to the construction of the existing structure (Gyanvapi Mosque)," the report categorically states.

The ASI conducted this 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.