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Gyanvapi Dispute | Allahabad HC Seeks Mosque Committee's Reply On Plea Seeking ASI Survey Of 'Wazukhana' Area
LIVELAW NEWS NETWORK
9 July 2024 3:07 PM IST
Today, the Allahabad High Court sought a response from the Anjuman Intezamia Mosque Committee (which manages Gyanvapi Mosque in Varanasi) regarding a plea filed before it seeking an Archaeological Survey of India (ASI) examination of the 'wazukhana' area within the mosque premises. A bench of Justice Rohit Ranjan Agarwal sought the Mosque committee's response on a Civil Revision plea filed...
Today, the Allahabad High Court sought a response from the Anjuman Intezamia Mosque Committee (which manages Gyanvapi Mosque in Varanasi) regarding a plea filed before it seeking an Archaeological Survey of India (ASI) examination of the 'wazukhana' area within the mosque premises.
A bench of Justice Rohit Ranjan Agarwal sought the Mosque committee's response on a Civil Revision plea filed before it challenging the Varanasi District Judge's order (dated October 21, 2023) refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque.
The revision plea has been moved by Rakhi Singh, who is plaintiff no. 1 in the Shringar Gauri Worshipping suit 2022 (presently pending before the Varanasi Court), through Advocate Saurabh Tiwari.
In her revision plea, Singh stressed that the survey of the Wuzukhana area is necessary in the interest of justice. It shall benefit the plaintiff(s) and defendants alike and help the court make a just decision in the 2022 suit.
It has also been contended that the Varanasi District Judge, in his October 21 order, failed to exercise the jurisdiction vested in it by law to direct the survey of the Wuzukhana area.
During today's hearing, Justice Agarwal questioned Singh's counsel about the need for an additional survey, considering that the Archaeological Survey of India (ASI) had already completed a survey of the mosque premises and submitted its report. Advocate Tiwari responded by emphasizing the necessity of a further survey to determine the site's religious character. He also argued that it is possible to survey the Wuzukhana area (except for the 'Shiva Linga') using non-invasive methods as directed by the Supreme Court.
Furthermore, the bench instructed the mosque committee to submit a counter in the case and scheduled the next hearing for August 14. Justice Agarwal also advised Advocate Tiwari to be thoroughly prepared for the proceedings, highlighting the case's significance as an 'important matter'.
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 claimed a large Hindu Temple existed 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 to construct existing 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.
