Varanasi Court Rejects Plea For ASI Survey Of Gyanvapi Mosque's Wuzukhana Area Considering SC's Order Protecting 'Shiva Linga'

The District Judge, Varanasi today REJECTED a petition moved before it seeking a direction to the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque without causing any damage to the structure.

The application, filed under Section 75 (e) and Order 26 Rule 10A r/w Section 151 of CPC, had been moved by Rakhi Singh (through Advocates Saurabh Tiwary), who is plaintiff no. 1 in the Shringar Gauri Worshipping suit 2022 (presently pending before the Varanasi Court).

In her application, 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).

However, rejecting her application, District Judge Ajay Krishna Vishwesha 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.

For context, in its May 17, 2022 order, the Supreme Court directed the District Magistrate, Varanasi to ensure that the place inside the Mosque where 'Shiva Linga' is stated to have been found, is protected. On May 16, 2022, a Varanasi Court directed to seal the place where the Shiva linga was purportedly found by a court-appointed Advocate Commissioner.

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.

On October 5, the Varanasi Court extended the time limit for the ASI to submit its survey report and directed it to submit the same in next four weeks.