In the oldest case of Gyanvapi Mosque adjacent to Kashi Vishwanath temple in Varanasi, the Hindu side got a setback from the court on Friday. In the oldest case i.e. the case filed in 1991, the court has rejected the petition demanding a complete survey. The court of Civil Judge Senior Division (Fast Track Court) Yugul Shambhu had reserved the decision on this petition on 19 October after hearing the arguments of both parties. A demand was made by the advocate Vijay Shankar Rastogi of the case for a survey of the entire complex including the Wuzu Khana of Gyanvapi. The court said in its order that the remaining part of the ASI survey is protected by the order of the Supreme Court. Along with this, no concrete reason has been presented in support of the demand for a complete survey by the Hindu side. Therefore further survey is not necessary.
In the last hearing on behalf of the Hindu side, advocate Vijay Shankar Rastogi raised the demand for a survey of additional Wuzu Khana and basement apart from the ASI survey. He says that earlier a complete survey had been ordered by the fast-track court. Which was challenged in the High Court by the opposition Anjuman. The High Court rejected the objection of the Anjuman and ordered the lower court to conduct a speedy hearing.
The advocate said in the argument that the Muslim side says that the District Judge’s court had ordered a survey in the Rakhi Singh case. The Muslim side went to the High Court against this order. During the hearing in the High Court, the Director of ASI had given an affidavit. There will be no harm in the survey. Rakhi Singh’s case is related to a personal suit.
It was also said that the old Lord Vishwaeshwar case of 1991 is different. The obligation of Rakhi Singh’s case will not apply to it. The survey conducted on Rakhi Singh’s case was not by the order of the lower court in the year 2021. The survey under the central dome has not been done, where there is a very big Shivling. The survey of Wuzu Khana located in the Gyanvapi complex was also not done saying that the Supreme Court has sealed it. Whereas the Supreme Court has not banned the survey of the said place. It has only been ordered to preserve it. Therefore, a complete survey is necessary.
In response to this, Anjuman Intezamia Masjid Committee, on behalf of the respondent Muslim side, argued that the survey has been done by the ASI. Now there is no need for additional surveys. The Supreme Court has said in one of its earlier orders that now if any work is done in Gyanvapi, permission will have to be taken for it. Therefore, this petition is dismissible. After hearing both the parties, the court had reserved the decision. While announcing it today, the petition of the Hindu side has been rejected. October 30 has been fixed for the next hearing of the case.
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