E-Paper
Gyanvapi mosque: HC to hear revision plea today for survey of Wuzukhana area
This civil revision petition has been moved by one Rakhi Singh. Rakhi is the plaintiff no-1 in the Shringar Gauri worship suit of 2022, which is presently pending before the Varanasi’s district court.
PRAYAGRAJ: The Allahabad high court will hear on Thursday a civil revision petition filed before it challenging Varanasi’s district judge’s order dated October 21, 2023, by which he had refused to direct the Archeological Survey of India (ASI) to undertake a survey of the Wuzukhana area except for the ‘Shiva Linga’ inside the Gyanvapi Mosque adjacent to Kashi Vishwanath temple in Varanasi.
This civil revision petition has been moved by one Rakhi Singh. Rakhi is the plaintiff no-1 in the Shringar Gauri worship suit of 2022, which is presently pending before the Varanasi’s district court.
In her application before the Varanasi court, which was rejected on October 21, 2023, the primary contention raised by Rakhi Singh was that the survey of the Wuzukhana, excluding the ‘Shivalinga’ was necessary to ascertain the religious character of the property in question (Gyanvapi precincts).
However, while rejecting her application, the district judge had observed in his order that the apex court vide its order dated May 17, 2022 had ordered to duly protect the area where the ‘Shivalinga’ was stated to have been found and therefore, it was not proper to direct the ASI to survey the area as it would violate the Supreme Court’s order.
In the order dated October 21, 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.
In her revision plea, the petitioner – Rakhi Singh has stressed that the survey of the Wuzukhana area is necessary in the interest of justice, and it shall benefit the plaintiff(s) and defendants alike and come in aid of the court to arrive at a just decision in the 2022 suit.
It has also been contended that the district judge, in his October 21 order failed to exercise the jurisdiction vested in the court by law to direct for the survey of the Wuzukhana area.
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.
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.
