The Allahabad High Court on Wednesday deferred the hearing on a plea against a Varanasi court order refusing to direct the ASI to survey the Gyanvapi mosque's 'wazukhana', as the counsel for the Muslim side did not appear due to "illness".
On July 9, the high court granted a month to the mosque management committee to file a counter affidavit on the revision plea and fixed August 14 for the hearing.
On Wednesday, an "illness slip" was sent on behalf of counsel for the Muslim side and a request was made to adjourn the matter. Thereafter, the high court fixed August 22 as the next date of hearing in the case.
Justice Rohit Ranjan Agarwal passed the order on the revision petition filed by Rakhi Singh, one of the plaintiffs in the Shringar Gauri worshipping suit.
As per counsel of Rakhi Singh, no counter affidavit has been filed by the Muslim side till date.
On October 21, 2023, the Varanasi district judge passed the order refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the 'wazukhana' area (except for the structure which the Hindu side calls a 'shivling') inside the Gyanvapi mosque located adjacent to Kashi Vishwanath temple. Rakhi Singh has challenged the district judge's order.
In her revision plea, Rakhi Singh has pleaded that the survey of the 'wuzukhana' area is necessary in the interest of justice. It shall benefit the plaintiff(s) and defendants alike and help the court arrive at a just decision in the suit, the plea said.
It has also been contended that the court of Varanasi district judge, in its October 21 order, failed to exercise the jurisdiction vested in it by law to direct for the survey of the 'wuzukhana' area.
It has further been submitted that in its July 21, 2023 order (for the survey of Gyanvapi premises), the court of district judge erred in stating that it had deliberately excluded the duly protected area from the ambit of the survey, as in the application on which the said order was passed, there was no prayer seeking survey of the protected area.
It was also argued that it is possible to survey the 'wuzukhana' area (except for the 'shivling') 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 has also submitted its report to the Varanasi district judge.
The ASI had conducted the 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.
