Gyanvapi Dispute | Allahabad High Court To Hear Tomorrow Plea Seeking ASI Survey Of 'Wuzukhana' Area
LIVELAW NEWS NETWORK
2 July 2024 3:37 PM GMT
The Allahabad High Court will hear tomorrow 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 matter will be heard by a bench of Justice Rohit Ranjan Agarwal. In January this year, the Anjuman Intezamia Masjid Committee, which manages the Gyanvapi Mosque in Varanasi, was issued a notice.
While a response was awaited, the case was inadvertently listed before Justice Ajit Kumar's bench. Hearing the matter on May 22, Justice Kumar noted that the case had been listed before his bench, even though no office report indicated that Justice Rohit Ranjan Agarwal had ever released the matter.
In view of this, Justice Kumar had directed the registry to place the papers of the can be placed before the Chief Justice for appropriate orders for listing the matter before the appropriate bench, if possible, on 03.07.2024.
Pursuant to this, the matter was listed before Justice Agarwal, and it will come up for a hearing tomorrow.
For context, 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 arrive at 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 for the survey of the Wuzukhana area.
Appearing before a bench of Justice Rohit Ranjan Agarwal on January 31, 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.
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.
