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Gyanvapi Dispute | Allahabad HC Issues Notice To Mosque Committee On Plea Seeking ASI Survey Of 'Wuzukhana' Area
LIVELAW NEWS NETWORK
31 Jan 2024 1:18 PM IST
The Allahabad High Court today issued a notice to the Anjuman Intezamia Masjid Committee (which manages Gyanvapi Mosque in Varanasi) in a Civil Revision plea filed challenging the Varanasi District Judge's order (October 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...
The Allahabad High Court today issued a notice to the Anjuman Intezamia Masjid Committee (which manages Gyanvapi Mosque in Varanasi) in a Civil Revision plea filed challenging the Varanasi District Judge's order (October 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 premises.
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.
Appearing before a bench of Justice Rohit Ranjan Agarwal, Advocate Tiwari along with Advocates Amitabh Trivedi and Vikas Kumar argued that the ASI survey of the Wuzukhana area is necessary so that the religious character of the entire property could be determined.
It was 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. Having heard the arguments, the Court issued a notice to the Mosque committee. The upcoming date regarding the matter remains uncertain.
It may be noted that the matter came up today for a hearing 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.
It may further 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 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.