The District Judge, Varanasi court in the case observed and has rejected the plea moved seeking a direction to the Archeological Survey of India, ASI for undertaking the survey of the Wazukhana area, except for the ‘Shiva Linga’ inside the Gyanvapi Mosque without causing any damage to the structure.
In the present case, the application is moved under Section 75 (e) and Order 26 Rule 10A reading withs section 151 of the Code of Civil Procedure, CPC. The counsel, Advocate Saurabh Tiwary moved the plea of Rakhi Singh , who being the plaintiff no. 1 in the Shringar Gauri Worshipping suit 2022 which is presently pending before the Varanasi Court.
The primary contention raised in an application moved was that the survey of the Wuzukhana which excludes the ‘Shivalingam’ is necessary to ascertain the religious character of the property in question, Gyanwapi precincts.
The District Judge Ajay Krishna Vishwesha while rejecting his application observed in his in his order that the Supreme Court, vide its order dated 17.05.2023, wherein the court stated to duly protect the area where the ‘Shiva linga’ is stated to have been found and therefore, it is not proper to direct the ASI to survey the area as the same would violate the order of the Supreme Court.
It has also been noted by the District Judge that the particular area was also excluded from the ambit of the ASI survey ordered by this court vide an order dated 21.07.2023, passed in the 2022 suit.
The Supreme Court in the case observed and has directed the District Magistrate, Varanasi in order to ensure that the place inside the Mosque where ‘Shiva Linga’ is stated to have been found, is protected.
The Varanasi Court in its order dated 16.05.2022 observed and has directed to seal the place where the Shiva Linga was purportedly found by a court-appointed Advocate Commissioner.
The court also noted that the ASI is presently conducting a scientific survey of the Gyanvapi complex in Varanasi as per the order passed in July 21 of the Varanasi District Judge to determine if the mosque was constructed over a pre-existing structure of a Hindu temple.
The Varanasi Court in its order dated October 05 observed and has extended the time limit for the ASI to submit its survey report and directed it to submit the same in next four weeks. Accordingly, the court rejected the application moved by her.