PRAYAGRAJ (Uttar Pradesh), July 20: The Allahabad High Court on Monday postponed the hearing on a petition seeking an Archaeological Survey of India (ASI) examination of the wazukhana area inside the Gyanvapi mosque complex in Varanasi. The matter has been deferred until August 24, as related proceedings are currently pending before the Supreme Court.
The case came up before Justice Rohit Ranjan Agarwal, who was hearing a civil revision petition filed by Rakhi Singh, one of the Hindu plaintiffs involved in the long-running Gyanvapi dispute. The petition challenges an earlier order of the Varanasi district court, which had declined to direct an archaeological survey of the mosque’s ablution area.
During the proceedings, lawyers representing both sides informed the High Court that the issue is already under consideration before the Supreme Court. They also told the bench that the apex court has scheduled the next hearing in the matter for August 10.
Taking note of the ongoing proceedings before the Supreme Court, Justice Agarwal decided to defer the hearing in the High Court.
The court observed that since the apex court is actively dealing with the dispute, it would be appropriate to await further developments before proceeding with the civil revision petition. Accordingly, the matter has been listed for hearing on August 24.
The petition filed by Rakhi Singh contests the October 21, 2023 order of the Varanasi District Judge. In that ruling, the district court rejected the request for an ASI survey of the wazukhana, the area where Muslim worshippers perform ablutions before offering prayers.
However, the plea specifically excluded a structure located within the premises that has become the central point of the dispute. The Hindu petitioners maintain that the structure is a Shivling, while the Muslim side argues that it is a fountain forming part of the mosque’s original design.
The disagreement over the nature of the structure has remained one of the most sensitive aspects of the Gyanvapi litigation. The issue has led to multiple legal proceedings before various courts, with questions relating to worship rights, archaeological investigations and historical claims continuing to be examined.
The ASI has already carried out surveys in other portions of the Gyanvapi mosque complex under directions issued in separate proceedings. However, the wazukhana area has remained outside the scope of those exercises because of judicial orders protecting the disputed structure until a final determination is made.
The latest petition seeks permission for an archaeological examination of the remaining portions of the wazukhana while ensuring that the disputed structure itself is left untouched during any survey process.
With the Supreme Court expected to hear the matter again on August 10, the Allahabad High Court has chosen to keep its proceedings in abeyance to avoid parallel consideration of issues that are presently before the country’s highest court.
The outcome of the Supreme Court hearing is likely to influence the future course of the proceedings in the High Court as well as the pending litigation before the Varanasi court.
The Gyanvapi dispute continues to be one of India’s most closely watched legal battles, involving competing historical and religious claims over the centuries old mosque complex in Varanasi. The case remains under judicial scrutiny, with courts continuing to address procedural and substantive issues in accordance with existing legal provisions.