Gyanvapi Mosque Case - Protect Area Where Shivalinga Is Stated To Be Found, No Restrictions On Muslims' Rights : Supreme Court Clarifies Varanasi Court's Order

The Supreme Court on Tuesday clarified that the order passed by the Civil Judge Senior Division at Varanasi to protect the spot where a "shiv ling" was claimed to have been found during the survey of the Gyanvapi mosque will not restrict the right of Muslims to access the mosque to offer namaz and to perform religious observances.The Court issued notice on the petition filed by the Masjid Committee challenging the survey ordered by the Varanasi court and kept the matter for Thursday (May 19).A bench comprising Justices DY Chandrachud and PS Narasimha directed the District Magistrate concerned to ensure that the place inside the Mosque where 'Shiv Ling' is stated to have been found is protected. However, it ordered that this should not restrict the right of Muslims to offer Namaz and religious observances.The operative portion of the order stated as follows :In order to obviate any dispute on the meaning and content of the order of the Trial Judge, the operation and ambit of the order dated 16 May 2022 shall stand restricted to the extent that the District Magistrate, Varanasi shall ensure that the area where the Shivalinga is stated to have been found, as indicated in the order, shall be duly protected.The above direction shall not in any manner restrain or impede the access of Muslims to the mosque or the use of the Mosque for the purpose of performing Namaz and religious observances.The bench passed this clarification after noticing that the operative portion of the Varanasi Court's order had stated that the application filed by the plaintiff has been allowed, although the specific direction issued by it was to seal the spot and to protect the sealed spot and to restrict the entry of people into the sealed spot. However, the application filed by the plaintiff had sought for several reliefs, such as to restrict the number of Muslims entering the mosque for offering namaz as 20 and to prohibit them from performing "wazu" (ablution process). The bench felt that this might lead to confusion."We have excluded the three reliefs sought in the application. We have protected the spot where the shiv ling was found. And we have clarified that this will not restrict the rights of Muslims. I think this is a balance," Justice Chandrachud told Senior Advocate Huzefa Ahmadi, who appeared for the petitioner, after dictating the order.The Bench will hear the matter on May 19.Read live updates here.Courtroom Exchange:The Court was considering a special leave petition filed by Committee of Management Ajnuman Intezamia Masjid Varanasi challenging the orders passed by a civil court in Varanasi for survey of the mosque on a suit filed by few Hindu devotees.It may be noted that the Varanasi Court on Monday (16th May) directed sealing of a spot in the complex after being told that a Shiva Linga was found inside the Gyanvapi Mosque premises by the court-appointed Advocate Commissioner during the survey.This development came three days after an urgent listing of the present SLP was sought before a bench led by Chief Justice of India NV Ramana on Friday (May 13). When the Masjid Committee's lawyer, Senior Advocate Huzefa Ahmadi had made an oral request for a status quo order against the survey, the CJI said that he was yet to see the files. On Friday evening, an order was passed in the case to list it before the bench of Justice DY Chandrachud.In this backdrop, Ahmadi submitted that the Commissioner was fully aware that the Supreme Court is in seisen of the matter and the same is likely to be listed today. He added that despite the fact that no report after the survey was filed by the Commissioner, an application was filed by the plaintiff that Commissioner noticed a shivling near pond. "This is highly improper as the Commissioner report is supposed to be confidential until it is filed...Unfortunately the trial court entertains the application and marks an area which is to be sealed," he said.Also Read: Gyanvapi Mosque Survey | Varanasi Court Removes Court Commissioner For Leaking Info To Media, 2 Day Time Granted To Submit ReportAhmadi contended that now, under the garb of commission proceedings and on the oral plea of the plaintiff according to what the Commissioner saw, the entry to the Mosque has been restricted by the Court and the alleged spot of Shivling has been sealed."Please see the manner in which order is passed. It is passed when the parties are there for execution of the commission. And on whose say? Not on the report of the Commission. On an application by plaintiff. Does it not show some element of lack of fairness," he submitted. He pointed out that no notice was served on the other side on the application.It may be noted that the impugned order was passed in a suit for worship filed by Hindu devotees. The Masjid Committee had opposed the suit by filing an application for rejection under Order 7 Rule 11, on the ground that both the suits filed in 1991 and 2021 are barred by the provisions of Places of Worship...

Gyanvapi Mosque Case - Protect Area Where Shivalinga Is Stated To Be Found, No Restrictions On Muslims' Rights : Supreme Court Clarifies Varanasi Court's Order

Srishti Ojha

Tags