LUCKNOW: The Varanasi Fast Track Court of Civil Judge (Senior Division) rejected Advocate Vijay Shankar Rastogi's petition for an additional survey of the Gyanvapi Mosque.
This petition especially aimed for an additional survey to examine the area under the central dome of the mosque.
The court, on October 19, had reserved its order on the plea of Rastogi, who is contesting this original suit as the next friend of Swayambhu Adi Vishweshwar, the presiding deity of Gyanvapi complex.
The court had reserved the order after Anjuman Intezamia Masajid (AIM) (Gyanvapi mosque management committee) filed its reply against the claims and demand for an additional survey of the mosque by ASI in connection with the 1991 original suit of the Gyanvapi case.
The Fast Track Court of Civil Judge (Senior Division) Yughul Shambhu observed that, after reviewing all relevant facts and circumstances and the directions made by Allahabad HC and SC, the ASI report on the survey of Plot No. 9130 described in schedule-A of the plaint, is yet to be examined.
Secondly, the structure, where purported Shivling is stated to have been found, is protected by the order of the Supreme Court of India.
In addition to this, both the Allahabad High Court and Supreme Court had ordered the survey to be conducted using non-invasive methodology, not to use excavation techniques, and no destruction of property will be done.
Moreover, no reason for a further survey is cited by plaintiffs in their application and the High Court has left it to the discretion of this court to issue necessary directions for a further survey.
The application of plaintiff no. 1 and 5 is liable to be rejected. In fact, plaintiff number 1 is Advocate Vijay Shankar Rastogi as next friend of Swayambhu Adi Vishweshwar and plaintiff number 5 is Rastogi in a personal capacity.
In this original suit no. 610/1991, the court instructed the ASI to conduct a comprehensive survey on April 8, 2021.
The AIM had challenged that order in the Allahabad High Court. However, on December 19, 2023, the HC dismissed AIM's revision petition disputing the maintainability of the Varanasi Court's April 8, 2021, order and directed the ASI to proceed with a thorough survey of the entire Gyanvapi mosque.
The ASI had already conducted a survey of Gyanvapi in suit no. 18/2022, in which five women plaintiffs are seeking worship of Shringar Gauri and other deities in the Gyanvapi mosque compound and submitted its report on December 18, 2023.
The ASI survey report was opened on court order on January 24, 2024, and advocate Rastogi was directed to study it. In compliance with the FTC's December 30, 2023, order, Rastogi procured a copy of the ASI report, studied it, and subsequently submitted his plea to the FTC in February, of this year.
In his plea, Rastogi sought an additional survey of the mosque by the ASI by creating a trench to reach the sanctum sanctorum of Aadi Vishweshwar temple, where a tall Shivling and artisan well are buried in the area under the central dome of the mosque.
Rastogi, on August 12, had completed his argument seeking an additional survey by the ASI. He had also demanded a survey of the mosque compound which was not covered in ASI’s previous scientific investigation like Wuzukhana (ablution water tank), which is lying sealed following the Supreme Court order since May 16, 2022, as the Hindu side claims it to be the purported Shivling.
Against the same demands and claims of Rastogi, AIM and the Uttar Pradesh Sunni Central Waqf Board filed their objections.