The Supreme Court on Tuesday ordered the District Magistrate of Varanasi to protect the area of the Gyanvapi Mosque complex where a “Shivling” has been claimed to have been found. After the survey conducted on Monday, Sohan Lal Arya, a petitioner in the case, had claimed that the survey had found a “Shivling” in the complex. Arya had accompanied the court commission for the mosque survey.
The Supreme Court on Tuesday clarified that the Varanasi court order shall confine to the protection of the “Shivling” reportedly found, but there won’t be any restrictions on the entry of Muslims and offering namaz in the Gyanvapi mosque. The top court adjourned the hearing till Thursday. Hearing the plea filed by the Anjuman Intezamia Masajid Committee to stop the survey of the disputed site, the Supreme Court ordered and issued notice to the Varanasi District Magistrate to protect the area of the mosque where Shivling is claimed to have been found but with a rider: without hindering access to Muslim devotees there for offering namaz.
Arguing their case before the bench of Justices D.Y. Chandrachud and P.S. Narasimha, Senior Advocate Ahmadi, representing Anjuman Intezamia Masajid Committee, told the bench that the lower court had ordered sealing of the mosque premises without hearing Muslims who are party to the dispute. The lower court has not received the survey report and yet its findings have been made public. The entire exercise of the survey should have been kept confidential. “It is unfortunate that the civil court ordered sealing
of the area on the basis of the claim that they had found a Shivling there,” Ahmadi observed. Giving a breakdown of the case in the lower court to the Bench, Ahmadi said that they challenged the appointment of the court commissioner, which was rejected by the civil court. They asked the court to change the commissioner, but that prayer was also rejected saying that “you cannot choose the commissioner”. The petitioners (Hindus) are demanding to change the very character of the mosque, he said. The petitioners have sought the right to offer pooja and darshan of Maa Shringar Gauri, Ganesha and other deities. They are demanding the right to conduct pooja, arati and bhog. This would alter the character and status of this place which is a mosque at present.
After hearing him, the Bench said, “What we can do? We can ask the lower court to decide your petition on a priority basis.” Advocate Hari Shakar Jain, representing the Hindu petitioners, had taken ill and was not present in the Court on Tuesday. Tushar Mehta, Solicitor General of India, represented the government of Uttar Pradesh in the dispute. After hearing the parties, the bench deferred the case to Thursday and said: “We will protect part of this area where Shivling was found. But rest of the order in points 1, 2 and 3 is STAYED.”
Protesting the order, Tushar Mehta, Solicitor General of India, told the bench that there is apprehension that the “Shivling” may be harmed to which the bench said that they would issue orders to protect the “Shivling”. Mehta said that he would like to discuss that in the next hearing. All what he wanted was that their order does not have an undesired consequences.
Meanwhile, the Varanasi civil court on Tuesday removed the Advocate-Commissioner Ajay Kumar Mishra from the panel formed to survey the Gyanvapi mosque. The court-appointed special Commission has also received two more days to submit the survey report. “Court has granted two days time to submit the report. He (Advocate-Commissioner Ajay Kumar Mishra) was not cooperating,” Assistant Court Commissioner Ajay Pratap Singh said. The Commission had sought two days’ time to submit the survey report. “We had sought two days’ time from the court. The Court has granted us two days’ time for submission of the report,” Advocate Vishal Singh, the Court-appointed special assistant commissioner said. According to Ajay Pratap Singh, only 50% of the report was complete by Tuesday morning. Meanwhile, president of Hindu Sena, Vishnu Gupta, on Tuesday filed an intervention application seeking directions for dismissal of the petition filed by Anjuman Intezamia Masjid Management Committee challenging videography survey of the mosque complex.
(With agency inputs)