The Allahabad High Court on Tuesday, while hearing a plea against a Varanasi court order refusing to direct the ASI to survey the Gyanvapi mosque's 'wazukhana', asked the petitioner to file an affidavit stating about a similar document earlier submitted by another plaintiff in the case.
The order was passed by Justice Rohit Ranjan Agarwal who was hearing a civil revision filed by Rakhi Singh, who is also one of the plaintiffs in Shringar Gauri worshipping suit.
The revision plea has been filed challenging the Varanasi district judge's order dated October 21, 2023, which had refused to direct the Archeological Survey of India (ASI) to undertake a survey of the wazukhana area, except the structure which the Hindu side calls a 'shivling', inside the Gyanvapi mosque complex.
The high court fixed October 1 as the next date of hearing in the case.
In her revision plea, Rakhi Singh has pleaded that the survey of the wazukhana 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 suit, the plea said.
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 wazukhana area.
Appearing for the petitioner, counsels Saurabh Tiwari and Amitabh Trivedi argued that the ASI survey of the wazukhana 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 wazukhana area (except for the 'shivling') 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.
The ASI had conducted the 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.
