Introduction:

Justice Manish Kumar Nigam of the Allahabad High Court recused from hearing a Civil Revision challenging the Varanasi District Judge’s order, which denied directing the Archaeological Survey of India (ASI) to survey the Wazukhana area inside the Gyanvapi Mosque, excluding the ‘Shiva Linga.’ The revision plea, moved by Rakhi Singh, plaintiff no. 1 in the Shringar Gauri Worshipping suit, contests the Varanasi District Judge’s decision, emphasizing the necessity of surveying the Wazukhana area for a just decision in the ongoing 2022 suit.

Arguments:

Rakhi Singh’s application before the Varanasi Court sought a survey of the Wazukhana area, excluding the ‘Shiva Linga,’ to determine the religious character of the Gyanvapi precincts. However, the District Judge rejected the application, citing a Supreme Court order from May 17, 2022, which protected the area where the ‘Shiva Linga’ was found. The District Judge further noted that the specific area was excluded from the ASI survey ordered on July 21, 2023, in the 2022 suit. Rakhi Singh’s revision plea contends that the Wazukhana survey is crucial for justice, benefiting both plaintiffs and defendants, and assisting the court in reaching a fair decision.

Court’s Judgement:

Justice Manish Kumar Nigam recused from the case, and it will be listed before another bench by the end of the month. The decision on the Wazukhana survey remains pending. The revision plea asserts that the District Judge, in his October 21 order, failed to exercise jurisdiction by not directing the survey. It disputes the claim that the protected area was intentionally excluded from the July 21, 2023, survey order, highlighting that the application leading to that order did not seek a survey of the protected area.