Shringar Gauri Suit | 'Court Has To Decide Gyanvapi's Religious Character As On 15 Aug 1947': Hindu Plaintiff To Varanasi District Judge

Rakhi Singh, one of the five plaintiffs in the Shringar Gauri Worshipping suit 2022 (presently pending before the Varanasi Court), has submitted before the Varanasi District Judge that the Court, in the pending suit, is required to decide what was the religious character of the Gyanwapi premises on 15th August 1947, the cut-off date in the Places of Worship Act 1991.

Singh has made this submission in a rejoinder application filed by her through Advocate Saurabh Tiwari in response to the objection raised by the Anjuman Intezamia Masjid Committee, which manages the Gyanvapi Mosque, opposing Singh's plea for an ASI Survey of the Wazukhana area (except for the 'Shiva Linga') inside Mosque premise.

Essentially, the Mosque committee last week submitted a reply to Singh's plea for an ASI Survey of Wuzukhana stating that the Court is not required to decide what was Gyanvapi Moque’s religious character as on August 15, 1947, as it would be visible even to the naked eye that the disputed building is a mosque and it was so even on August 15, 1947, and the Allahabad High Court has also affirmed the said fact in its Judgment of Deen Mohammed (1937).

In its reply to Singh's plea, the Mosque committee had also submitted that an ASI survey of the Wuzukhana can not take place as the said area has been protected/sealed by the Supreme Court of India in May last year.

More details of the Mosque Committee's submission could be read here: ‘Gyanvapi Is A Masjid Visible To Naked Eye, Court Doesn’t Have To Decide Its Religious Character As On 15 Aug 1947’: Mosque Committee In Varanasi Court

However, in her rejoinder, Singh has averred that the ASI Survey, if conducted, won't cause any damage to the structure in question/Shiva Linga as the ASI is already adopting a completely non-invasive methodology for the scientific survey of the Gyanwapi premises and hence, the ASI survey of the protected area (excluding the Shivlingam) would not change the status quo.

Regarding the Supreme Court's last year order protecting the Shiva Linga area, Singh has stated that if allowed, the ASI is capable of conducting survey, documentation, photography, detailed description, GPR survey without harming the existing structure and hence, there would be no violation of the SC's order.

"Shivlinga is a matter of religious faith also. However, currently, an ASI survey is going on by adopting a non-invasive method following the order of the Hon’ble Apex Court order. Hence, ASI survey of the protected area may be conducted adopting a purely non-invasive method, that might not change the status quo," her rejoinder submits.

Against this backdrop, the rejoinder argues that an ASI Survey of the Wuzukhana (except for the Shiva Linga) may be allowed.

Varanasi District Judge is likely to take up the matter on October 19.