VARANASI: A Varanasi court rejected Thursday a plea by the Gyanvapi mosque management to stop the Archaeological Survey of India’s (ASI) scientific study and survey of the complex, adjacent to the Kashi Vishwanath temple in the city.
Ruling on the plea filed by Anjuman Intezamia Masjid’s (AIM), district judge Ajay Krishna Vishveshapointed out that the survey was being done on directives of the Allahabad high court and the Supreme Court and, hence, it was not possible to pass any order in this matter.“Hence, the application is rejected,” the judge said.

The judge had ordered the ASI survey on July 21 this year to ascertain whether the mosque stood atop an old Shiva temple. The HC and the Supreme Court have upheld that later. Judge Vishvesha referred to this on Thursday. He noted that the AIM had mentioned these points while challenging the July 21 order of this court in the HC, but the high court had dismissed the plea on August 3 and a day later, the apex court had also endorsed the decision. “Therefore, the July 21 order passed by this court has now become part of the HC’s August 3 order and making any change now is not possible,” the judge concluded.

The AIM had filed its plea on August 9, claiming the ASI was using “invasive methods” and flouting prescribed norms. It was mentioned in the application that those seeking ASI survey are required to deposit a fee to avail of the services of the agency. Once that process is complete, the agency is required to issue notices to parties concerned about the exercise.

“However, without following all these laid-down procedures, the ASI had started the survey from July 24,” said AIM’s lawyer Akhlaque Ahmad. The AIM application also mentioned that the ASI didn’t inform it either in writing or verbally about the survey. The Varanasi district judge had ordered the ASI survey on an application by four women plaintiffs — Laxmi Devi,

Sita Sahu, Manju Vyas and Rekha Pathak. The application was part of the original Shringar Gauri suit (Rakhi Singh and others vs UP state) in which they are seeking the worship of Shringar Gauri and other deities in the Gyanvapi compound.
The ASI was asked to complete the survey within four weeks from the start date on July 24. The survey was stopped when the AIM moved the higher courts but resumed when they allowed it to go ahead.
“….one of the important questions and the issue which has to be decided by this court is what was the religious character of the Gyanvapi precincts dated on 15th August, 1947 as Muslims were claiming their right also. Whatever will be seen/found and existing Hindu signs/symbols will determine the fate of the Original suit. In the light of above prayer this interlocutory application is liable to be allowed,” the Varanasi court had noted while allowing the ASI’s extension plea.

Ablution pond survey
District judge Ajay Krishna on Thursday fixed October 5 as the next hearing date for a plea by Rakhi Singh, the main plaintiff in the Shirngar Gauri case, demanding an ASI survey of the entire ablution pond except a purported Shivling-like structure. “The AIM registered a strong objection to this application,” said Saurabh Tiwari, one of Rakhi’s advocates. The plea was filed on August 29.