Gyanvapi Mosque Case : Supreme Court Records Assurance That District Administration Will Provide Arrangements For 'Wuzu' On Eid

A bench of Chief Justice DY Chandrachud and PS Narasimha disposed of the application only after recording an assurance provided by the Solicitor General for India, Tushar Mehta that sufficient tubs of water would be provided by the district administration at the place where wuzu is performed in the mosque on the occasion of Eid tomorrow.

The bench pronounced:

“We record the statement of the Solicitor-General for India that to facilitate the performance of wuzu, the collector or the district magistrate shall ensure that there are a sufficient number of tubs and facilities for water are made available in proximity to as to not inconvenience the devotees who have come for performing namaz.”

Courtroom Exchange

“We had provided toilets 70 metres away from the place, but they are asking for these facilities inside the premises of the mosque,” the solicitor-general began.

Senior advocate Huzefa Ahmadi, appearing on behalf of the Committee of Management, of the Anjuman Intezamia Masjid, which is responsible for managing the Gyanvapi mosque in Varanasi, told the bench that the disputed area had been in use by Muslim worshippers for years for the purpose of wuzu. “The urgency is that this is the last Friday just before Eid.”

“Mr Solicitor, why can there be no arrangements made for today and tomorrow?” the chief justice asked. “It is not possible,” the top law officer responded, “I had a word, but it is not possible because the entry to the bathroom is through the disputed area where the ‘Shiva Linga’ or according to them, a fountain is located.”

“Very well. They can provide something next to it,” Ahmadi suggested.

“The toilets are just 70 metres away,” the solicitor-general exclaimed. Ahmadi remonstrated against this argument, saying, “Why should [Muslim worshippers] be forced to go outside the premises for the purposes of doing wuzu?”

“Not for Wuzu,” Mehta quickly clarified. He explained, “For Wuzu, it is the same area. I was only talking about the toilet facilities.” The solicitor-general also assured that water will be provided to the Muslim worshippers for the performance of wuzu.

Justice Narasimha recommended that large tubs may be provided for the purpose. “There are six tubs,” said Mehta. He added, “At the place where wuzu is permitted right now, we provide six tubs.”

“Tubs cannot mean buckets,” Justice Narasimha remarked. The chief justice also said that to facilitate the performance of ablution, not drums, but long tubs should be provided. “Something convenient for the purpose should be provided,” Justice Chandrachud added.

“We will provide sufficient water in order to ensure that everyone can perform wuzu,” the top law officer assured.

Background

In May last year, after the plaintiffs claimed that a 'Shiva Linga' had been found inside the Gyanvapi Mosque premises during a survey, the Varanasi Court ordered to seal the place/area concerned, which was the wuzukhana where Muslim worshippers used to perform ablutions before prayers. The Civil Judge Senior Division at Varanasi was considering a suit moved by five Hindu women asking for year-long access to pray at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex.

In May, the top court clarified that the Varanasi court’s order to seal the area where the shiva lingam was allegedly found would not restrict the right of Muslims to access the mosque to offer namaz and to perform religious observances. The interim order was later extended until further orders.

Later in the same month, the apex court transferred the suit to the district court in the city, observing that a senior and experienced judicial officer should deal with the matter considering the sensitivity of the issues involved. A bench headed by Chief Justice Chandrachud also directed that the district court should hear the applications filed by the Anjuman Islamia Masjid Committee under Order 7 Rule 11 CPC questioning the maintainability of the suit on priority. However, in September, the Varanasi district court dismissed the committee’s plea challenging the maintainability of the suit and held that it was not barred by the Places of Worship Act, 1991.

In October, the district court dismissed an application filed by the Hindu worshippers seeking a scientific investigation into the ‘Shiva Linga’, in view of the top court’s instruction to protect the concerned spot where it was allegedly found. The court said, “If Carbon Dating or Ground Penetrating Radar is permitted and if any damage is caused to the ‘Shiva Linga’, then it would be a violation of the Supreme Court order to protect it and it might also hurt the religious sentiments of the general public.

Case Title

COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID VARANASI vs RAKHI SINGH & ORS.Special Leave to Appeal (C) No(s). 9388/2022

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