Citing SC Protection, Varanasi court dismisses plea for survey in Gyanvapi Mosque’s wazukhana

Updated on: Oct 22, 2023 05:04 am IST

Hindus claim that the structure is a Shivlinga, while Muslims insist it is a fountain. This area is protected under the orders of the Supreme Court.

VARANASI The Varanasi district court dismissed a plea on Saturday that sought an order for a survey of the entire Wazukhana within the Gyanvapi Mosque, excluding the structure discovered during a court-mandated survey in May 2022. Hindus claim that the structure is a Shivlinga, while Muslims insist it is a fountain. This area is protected under the orders of the Supreme Court.

The application was submitted on behalf of Rakhi Singh, who holds the position of plaintiff number 1 in the Shringar Gauri-Gyavapi case. (HT File)
The application was submitted on behalf of Rakhi Singh, who holds the position of plaintiff number 1 in the Shringar Gauri-Gyavapi case. (HT File)

The application was submitted on behalf of Rakhi Singh, who holds the position of plaintiff number 1 in the Shringar Gauri-Gyavapi case. The filing was executed by her legal representatives, Anupam Dwivedi, Saurabh Tiwari, and Manbahadur Singh, within the district court on August 29. In their application, the plaintiff’s counsel argued that the Archaeological Survey of India was conducting a scientific survey within the Gyanvapi without causing harm to the Gyanvapi structure.

READ | Gyanvapi: Plea for survey in wazukhana: Next hearing on October 5

Therefore, they proposed that a similar scientific survey of the entire Wazukhana, excluding the disputed Shivlinga, be carried out to arrive at a conclusive determination. Representing the Hindu side, advocate Saurabh Tiwari reported that District Judge AK Vishvesha dismissed their plea, requesting a survey of Gyanvapi’s complete Wazukhana, excluding the contested Shivlinga.

Rajesh Mishra, the Special Counsel of the Uttar Pradesh Government for the Shringar Gauri-Gyanvapi case, stated, “Rejecting the petition, the court of District Judge A K Vishvesh said the area, duly protected under the Supreme Court’s orders, should not be subjected to a survey because it may amount to a violation of the court’s orders.”

READ | SC observes trial required to determine religious nature of Gyanvapi mosque

The court finalised its hearing on the matter on October 19. The Anjuman Intezamia Masajid Committee, responsible for managing the Gyanvapi Mosque, voiced their objection against the survey plea. They argued that a survey within the protected area, including the Wazukhana, was impermissible due to a Supreme Court order.

The Varanasi district court had previously directed the Archaeological Survey of India on July 21 to conduct a survey within the barricaded area of the Gyanvapi Mosque, excluding the sealed section. The protective measures, including the Wazukhana, were enforced following a Supreme Court directive in May the previous year.

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