The Allahabad High Court on Tuesday adjourned the hearing of a plea seeking a survey by the Archaeological Survey of India (ASI) of the wazukhana (ablution area) of the Gyanvapi mosque in Varanasi, except for the structure claimed by the Hindu side as a shivling and described by the Muslim side as a fountain. The matter will now be heard on November 10.
When the matter was taken up before a single bench of Justice Rohit Ranjan Agarwal, the court was informed that the interim order passed by the Supreme Court continues to remain in operation.
In its interim order in Ashwini Kumar Upadhyay vs. Union of India & Others, the apex court had restrained all courts across the country from passing any effective interim or final orders, including orders for surveys of religious places. It had also directed that while fresh suits may be filed, no suits shall be registered or proceedings undertaken until further orders.
The petition before the High Court challenges the order of the Varanasi District Judge dated October 21, 2023. In that order, the district court had refused to direct the ASI to conduct a survey of the wazukhana area, except for the disputed structure inside the mosque.
The revision petition has been filed by Rakhi Singh, one of the original plaintiffs in the Gyanvapi case. She has contended that a survey of the wazukhana area is essential “in the interest of justice” and to determine the religious character of the entire property.
The ASI has previously conducted a scientific survey of the larger Gyanvapi complex and submitted its report to the Varanasi District Judge. The present plea pertains specifically to the wazukhana area, which was excluded from that earlier survey in compliance with the Supreme Court’s directions.
