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An Archaeological Survey of India (ASI) survey of the Gyanvapi mosque Wazukhana is not permissible as there is a Supreme Court order that the area should be preserved, the mosque management committee has told the Allahabad high court.
The Anjuman Intezamia Committee Thursday filed a counter-affidavit before the Allahabad HC in the matter seeking a survey of the Wazukhana (or ablution area) by the ASI.
It has been stated in the counter-affidavit that the matter relating to Wazukhana and 'Shiv Linga' is already pending before the Supreme Court and there is a stay order operating that the area be preserved, and the responsibility for its safety and security has been handed over to the District Magistrate, Varanasi.
"Hence, any further action is not permissible. Instead, the petitioner should approach the apex court to seek clarification of its 2022 order," the counter-affidavit said.
"In this backdrop, the District Judge, Varanasi has rightly rejected the application of Hindu side on October 21, 2023 seeking an ASI survey of the Wazukhana area except for the Shiva Linga inside the Gyanvapi mosque, as the matter is covered by the apex court's interim orders arising out of the same suit," added the affidavit.
Taking the affidavit on record, Justice Rohit Ranjan Agarwal granted two weeks' time to the petitioner counsel to file a rejoinder affidavit and fixed September 9 as the next date of hearing.
In the present civil revision, petitioner Rakhi Singh has challenged the Varanasi district judge's order dated October 21, 2023, whereby he had refused to direct the ASI to undertake a survey of the Wazukhana area except for the Shiva Linga inside the Gyanvapi mosque.
Rakhi Singh is one of plaintiffs in Shringar Gauri worshipping suit pending before the Varanasi court.
In her revision, Rakhi Singh has pleaded that the survey of the Wazukhana area is necessary in the interest of justice. It shall benefit the plaintiffs and defendants alike and help the court arrive at a just decision in the suit.
Earlier, petitioner's counsel had 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 'Shiva Linga') using non-invasive methods 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.
The ASI had conducted a 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.