On Tuesday, the Allahabad High Court deferred a crucial hearing until 8 November regarding a petition challenging a 2023 ruling by the Varanasi District Judge, which declined to direct the Archaeological Survey of India (ASI) to survey the wuzukhana (ablution area) of the Gyanvapi Mosque – excluding the structure at the center of the dispute, which Hindus identify as a ‘Shivling’ and Muslims claim is a fountain.
During the latest court session, Saurabh Tiwari, counsel for the revisionist petitioner Rakhi Singh, submitted the ASI’s report as per the court’s prior order.
Rakhi Singh, one of the original plaintiffs in the Gyanvapi case, is seeking a comprehensive ASI survey of the entire wuzukhana area, which she argues would help in determining the site’s religious character and serve the interest of both plaintiffs and defendants.
Justice Rohit Ranjan Agarwal, who presided over the hearing, is reviewing Singh’s appeal, which challenges the Varanasi court’s 21 October 2023 ruling.
Gyanvapi Legal Arguments & Implications
Singh contends that the lower court did not fully exercise its legal authority when it refused to order a full survey of the ablution area.
Her petition claims that a detailed survey, using non-invasive methods as recommended by the Supreme Court, is essential to resolve the ongoing legal dispute over the mosque’s historical significance.
On the other hand, the Anjuman Intezamia Committee, which manages the Gyanvapi Mosque, opposes the survey.
Through their counsel, SFA Naqvi, the committee argued that the Supreme Court has already issued interim orders to preserve the wuzukhana area, placing its security under the supervision of the District Magistrate of Varanasi.
They maintain that the Varanasi judge was correct in rejecting the Hindu side’s request for an ASI survey, as it would conflict with the Supreme Court’s existing directives.
The ASI has already conducted a preliminary scientific survey of the Gyanvapi Mosque complex, examining whether the mosque was built over a pre-existing Hindu structure.
The Varanasi court has received the findings from that investigation, but the survey of the wuzukhana area remains a highly debated issue.
With both sides standing firm, the Allahabad High Court’s upcoming decision could have significant implications for the ongoing legal battle over one of India’s most contested religious sites.
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