Gyanvapi: 'Will Move High Court', Hindu Side After Court Rejects Their Plea For Fresh ASI Survey

Varanasi: In a big development in ongoing Gyanvapi case, a court here on Friday dismissed a plea of Hindu side seeking ASI survey of remaining part of premises. After appeal’s rejection, Hindu side decided to move to High Court.  Speaking to reporters after verdict,  Hindu side vocate Vijay Shankar Rastogi said, “ court has rejected our application for an ditional survey of protection of whole Gyanvapi area by ASI... We will go to High Court against this decision...within time limitation, within 30 days.”

“This decision is against rules and facts. I am upset with this and will go to upper court and challenge it... According to order of 8.4.2021, a 5-member committee was to be appointed to ASI for survey, in which one person would have been of minority community and an expert from central university. All of m h to conduct ASI survey. previous survey was done only by ASI. High Court h confirmed that survey was not in compliance with that order (of 8.4.2021)... We will go to High Court on an immediate basis...”, he stated furr.

He ded, "This is a legal proceeding; this isn’t about winning and losing. We will re all statements and details before making an informed decision. first track court has passed an order rejecting application for an ditional ASI survey. At present, we cannot say anything, as we haven’t gone through whole order".

Rastogi h earlier argued that a Shivling of i Visheshwar lies beneath main dome of mosque and insists that this area, including Wazukhana where a portion of Shivling is located, should undergo a comprehensive scientific survey. Rastogi contended that previous investigations were incomplete, emphasizing need for Archaeological Survey of India (ASI) to conduct a full excavation of site to uncover all elements of historical significance.

According to Rastogi, re has been no proper survey of location where holy Shivling was discovered. case is being reviewed in court of Civil Judge Senior Division Fast Track Court Yugul Shambhu. However, Anjuman Intezamia, opposing Rastogi’s plea, highlights that Allahab High Court and Supreme Court have intervened, disallowing excavation and instructing ASI to avoid any damage to structure.

Gyanvapi Case: What Happened So Far

Arguments were completed on Saturday before Varanasi court on plea seeking a survey through excavation in entire Gyanvapi complex.   vocates of Muslim side and Waqf Board, who are opposing survey, completed ir arguments before Civil Judge Senior Division Jugal Kishore Shambhu, Man Mohan Yav , who represents Hindu said. After hearing arguments, court h fixed October 25 as date of next hearing. 

On October 16, Hindu side referred to expertise of Archaeological Survey of India (ASI) in excavations to buttress its plea to carry out excavations in Gyanvapi complex. Muslim side lawyers h submitted before court that when Hindu side has appealed to agitate case in high court and Supreme Court, re was no point arguing matter in trial court.

y also submitted that when ASI survey of Gyanvapi complex h been done once alrey, re was no justification for conducting anor survey.

lawyers h also stated that digging a pit in mosque premises for survey was not practical in any way and could damage mosque. Previously, Hindu side h argued that original place of "Jyotirlinga" was in centre, under dome located in Gyanvapi complex, and that first survey was incomplete.

Following a July 21, 2023, order of district court, ASI carried out a scientific survey of Gyanvapi premises, located next to Kashi Vishwanath temple here, to determine wher mosque was constructed over a pre-existing structure of a Hindu temple.

ASI h submitted its survey report to district court in a sealed cover on December 18. survey was ordered by court after Hindu petitioners claimed 17th-century mosque was constructed over a pre-existing temple.