The Allahabad High Court on Monday fixed January 16 as the next hearing date in the petition demanding an ASI scientific survey of the Gyanvapi complex’s Wazukhana area in Varanasi.
The court deferred the matter after acknowledging that the Supreme Court’s stay order, issued on December 12, 2024, continues to remain in force.
Justice Rohit Ranjan Agarwal passed the order while hearing the revision petition filed by Rakhi Singh, who challenged the Varanasi District Judge’s refusal to allow an ASI survey of the disputed Wazukhana section.
Singh’s counsel, Advocate Saurabh Tiwari, informed the court that the Supreme Court’s stay explicitly bars all courts from issuing any directive, interim or final, ordering a survey of the site.
Tiwari told the court that the apex court has prohibited all survey-related directives, and he insisted that further proceedings must follow that restriction until the stay is lifted.
He emphasised that the stay order is ‘still operative in letter and spirit’ and binding on all subordinate courts.
Representatives of the Anjuman Intezamia Masajid told the High Court that the Supreme Court is already set to hear the larger Gyanvapi case.
They urged the High Court to wait for the apex court’s clarity before proceeding. They warned that simultaneous hearings could create conflicting orders.
Taking note of the submissions from both sides, the High Court refrained from advancing the case at this stage.
Instead, it adjourned the matter and scheduled the next hearing for January 16, aligning its proceedings with the Supreme Court’s pending examination of the issue.
Background of the Revision Petition
The revision petition challenges the October 21, 2023, order of the Varanasi District Judge, who had declined to direct the ASI to conduct a scientific survey of the Wazukhana area.
Singh argues that the ASI must examine the site to establish historical facts relevant to the dispute and to ensure a fair adjudication of claims surrounding the Gyanvapi complex.
The Supreme Court sealed the Wazukhana in 2022 after investigators found a structure disputed as either a Shivling or a fountain.
Hindu litigants assert that the structure is a Shivling, while the mosque committee maintains it is a fountain.
This disputed discovery continues to fuel legal battles, political debate, and communal tensions.
With the Supreme Court still hearing substantive petitions related to the Gyanvapi matter, the High Court’s decision to defer proceedings reflects judicial caution and respect for hierarchical consistency.
The High Court will decide how to proceed on January 16 once the Supreme Court clarifies the scope of its stay order.
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