Application In Varanasi Court For ASI Survey Of Gyanvapi Mosque's Wuzukhana Area Barring The 'Shiva Linga'

Sparsh Upadhyay

29 Aug 2023 10:36 AM GMT

  • Application In Varanasi Court For ASI Survey Of Gyanvapi Mosques Wuzukhana Area Barring The Shiva Linga

    A fresh application has been filed before the Court of District Judge, Varanasi to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') without causing any damage to the structure. The application states that the survey is necessary to ascertain the religious character of the property in question. It, therefore, seeks...

    A fresh application has been filed before the Court of District Judge, Varanasi to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') without causing any damage to the structure. 

    The application states that the survey is necessary to ascertain the religious character of the property in question. It, therefore, seeks a scientific survey/investigation of the protected area excluding the “Shivlingam”.

    The application, filed under Section 75 (e) and Order 26 Rule 10A r/w Section 151 of CPC, has been filed by Rakhi Singh (through Advocates Saurabh Tiwary and Anupam Dwivedi) in the Shringar Gauri Worshipping suit 2022 (presently pending before the Varanasi Court).

    This Suit was filed last year by 4 Hindu Women Worshippers (including Singh) seeking year-round access to worship deities present inside the Mosque premises.

    It may be noted that the ASI is presently conducting a scientific survey of the Gyanvapi complex in Varanasi as per the July 21 order of the Varanasi District Judge to determine if the mosque was constructed over a pre-existing structure of a Hindu temple. Today is the 26th day of the survey.

    Another application is pending before the Varanasi Court to preserve artefacts and other materials found by the Archaeological Survey of India (ASI) during its ongoing survey of the Gyanvapi Mosque premises.

    In related news, the Anjuman Intezamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) on Monday objected to the transfer of Gyanvapi Mosque-Kashi Vishwanath Temple title dispute cases to the bench of Chief Justice, almost a month after the verdict in the cases was reserved by a different bench of the High Court.

    When the matter was taken up by Chief Justice Pritinker Diwaker, Senior Counsel SFA Naqvi raised his objection regarding the transfer of cases as he submitted thus:

    "We are confused. The judgment was reserved earlier, and today was the date for delivery of the judgment. In these matters before you, the judgment was to be delivered today. It is in the teeth of the full bench of this court [Amar Singh vs. State Of U.P. (CRIMINAL APPEAL No. - 4922 of 2006)], regarding the powers of judges/CJ, forming the benches."

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