The Supreme Court in the case observed wherein the fresh application was moved before the Court of District Judge, Varanasi for directing the Archeological Survey of India, ASI to undertake a survey of the Wazukhana area (except for the ‘Shiva Linga’) without causing any damage to the structure.
The application moved stated that the said survey is necessary in order to ascertain the religious character of the property in question. Therefore, the court seeks the scientific survey or the investigation of the protected area which excludes the ‘shivlingam’
The court was hearing the application filed under Section 75 (e) and Order 26 Rule 10A reading with section 151 of the Code of Civil Procedure has been filed by Rakhi Singh (through Advocates Saurabh Tiwary and Anupam Dwivedi) in the Shringar Gauri Worshipping suit 2022 (which is presently pending before the Varanasi Court). Last year, the suit was being filed by four Hindu Women Worshippers which include Singh wherein seeking year-round to access to worship deities present inside the premises of Mosque.
It may be noted by the court that the ASI is presently conducting a scientific survey of the Gyanvapi complex in Varanasi as per the July 21 order of the Varanasi District Judge in order to determine that if the mosque was constructed over a pre-existing structure of a Hindu temple. However, another application is being pending before the Varanasi Court to preserve artefacts and other materials found by the Archaeological Survey of India, ASI during its ongoing survey of the Gyanvapi Mosque premises.
Further, the Anjuman Intezamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) rejected the transfer of Gyanvapi Mosque-Kashi Vishwanath Temple titled dispute cases to the bench of Chief Justice, almost a month after the verdict in the cases was being reserved by a different bench of the High Court.
The bench of Chief Justice Pritinker Diwaker, Senior Counsel SFA Naqvi raised his objection with regards to the transfer of cases.