On Saturday (21st October), a Varanasi Court rejected a plea seeking the inclusion of the “Wazukhana” in the ongoing survey by the Archaeological Survey of India (ASI) inside the disputed Gyanvapi complex. The plea sought that the ASI team conduct a survey of the Wazukhana (excluding the Shivling) without causing any damage to it.
Rakhi Singh, who is plaintiff number 1 in the Shringar Gauri Worshipping case 2022 pending before the Varanasi Court, filed the plea through her counsel Saurabh Tiwari under Section 75 (e) and Order 26 Rule 10A r/w Section 151 of the CPC.
The main argument stated in her application was that a survey of the Wuzukhana excluding the Shivling is required to determine the religious character of the disputed Gyanwapi premises.
District Judge Ajay Krishna Vishwesha while rejecting Singh’s plea stated in his order that the Supreme Court, in its May 17 ruling last year, ordered that the area where the Shivling is said to have been discovered be duly protected, and thus it is not appropriate to direct the ASI to survey the space as it would be in violation of the Supreme Court’s order.
The District Judge further stated that the specific region was excluded from the scope of the ASI survey ordered by his court in the 2022 action via an order dated July 21, 2023.
Meanwhile, Singh’s lawyer, Advocate Saurabh Tiwari, said that he will file an appeal with the Allahabad High Court.
On Thursday this week, during the hearing in the wazukhana lawsuit, the Hindu side’s lawyer, Madan Mohan Yadav, argued that the truth about the Gyanvapi complex could not be uncovered without a survey of the wazukhana. The mosque management committee, however, objected, saying to the court that the wazukhana area had been locked on the Supreme Court’s directives. The Muslim side accused the Hindu side of making an attempt to put the matter on hold by making such demands.
Notably, the ‘Wazu’ area of the Gyanvapi mosque is the centre of the Gyanvapi mosque-Kashi Vishwanath temple dispute between Hindus and Muslims since the Hindu parties assert that ‘Shivling’ has been found in that spot, however, the Muslim side disputed the same and claimed that it is only a water fountain.
On 21st July 2023, the Varanasi court gave a nod to the petition filed by the Hindu side, seeking a scientific survey of the Gynvapi structure in Varanasi by the Archaeological Survey of India (ASI).
