Gyanvapi Mosque Management Opposes ASI Survey of Wazukhana at Allahabad HC

The Anjuman Intezamia Committee has informed the Allahabad High Court that a survey of the Gyanvapi Mosque Wazukhana by the Archaeological Survey of India (ASI) is not allowed due to a Supreme Court order. This order mandates the preservation of the area. The committee filed its counter-affidavit on Thursday, opposing the survey request.

In the affidavit, it was highlighted that the issue concerning the Wazukhana and Shiv Linga is already under consideration by the Supreme Court. There is an existing stay order for its preservation, and the District Magistrate of Varanasi is responsible for its safety and security. Therefore, any further action is deemed impermissible.

Supreme Court's Interim Orders

The counter-affidavit also mentioned that the petitioner should seek clarification from the apex court regarding its 2022 order. Given this context, the District Judge of Varanasi rightly rejected the Hindu side's application on October 21, 2023, seeking an ASI survey of the Wazukhana area, excluding the Shiva Linga inside the mosque.

Justice Rohit Ranjan Agarwal, after taking the affidavit on record, granted two weeks for the petitioner’s counsel to file a rejoinder affidavit. The next hearing date has been set for September 9. The petitioner, Rakhi Singh, has challenged the Varanasi district judge's order dated October 21, 2023, which refused to direct an ASI survey of the Wazukhana area except for the Shiva Linga.

Arguments for ASI Survey

Rakhi Singh, one of the plaintiffs in the Shringar Gauri worshipping suit pending before the Varanasi court, argued that a survey of the Wazukhana area is essential for justice. She believes it will benefit both plaintiffs and defendants and assist the court in making a fair decision in the suit.

The petitioner's counsel had previously argued that an ASI survey is necessary to determine the religious character of the entire property. They suggested that non-invasive methods could be used to survey the Wazukhana area except for the Shiva Linga, as directed by the Supreme Court.

The ASI has already conducted a scientific survey of the Gyanvapi complex in Varanasi and submitted its report to the District Judge. This survey was conducted following a July 21, 2023 order from the Varanasi District Judge to determine if a Hindu temple structure existed before constructing the mosque.

This ongoing legal battle highlights significant religious and historical issues surrounding Gyanvapi Mosque. The court's decisions will likely have far-reaching implications for both communities involved in this dispute.