India Tomorrow
NEW DELHI—In a significant order, the Supreme Court on Tuesday struck down the Varanasi court order preventing Muslims from entering the Gyanvapi mosque which has been under dispute between Hindus and Muslims for decades. This was reported by Bar and Bench.
The apex court, in its order, said that the order of the trial court that only 20 persons will pray and offer namaz in the mosque, will not operate.
The apex court also directed the Varanasi District Magistrate that the area inside the mosque from where the Shivling was recovered, be protected and Muslims right to prayer and religious observances should not be disturbed inside the mosque.
The bench, however, made it clear that access of Muslims to the Mosque for prayers would not be impeded.
The order was issued by a two-judge bench comprising Justices DY Chandrachud and PS Narasimha. The next hearing in the case is scheduled on May 19.
The top court also allowed the Muslims to perform wuzu (ablutions) inside the mosque, stating that wuzu is a part of religious observations.
However, the SC refused to stay the proceedings before the Varanasi civil court.
The order was given on a petition filed by the Committee of Management of Anjuman Intezamia Masajid challenging the order of the Allahabad High Court. The high court had permitted a court commissioner appointed by a Varanasi court to inspect and conduct a survey and videography of the Gyanvapi Mosque.
But the court commissioner conducted the survey during pendency of the appeal in the high court. However, the commissioner is yet to submit his report to the Varanasi court.
While the commissioner is yet to submit the survey report, the Varanasi local court on May 16 ordered sealing off an area of the mosque after the advocate of the Hindu parties Harishankar Jain submitted that a Shivling had been found during the survey.
While arguing before the apex court, senior advocate Huzefa Ahmadi submitted that the court commissioner went to the mosque despite the fact that the matter about the survey was pending before the Supreme Court. And the Hindu parties advocate told the Varanasi court that the commissioner’s survey had found a Shivling in wuzukhana (ablution pond) of the mosque. Advocate Ahmadi said that such survey had to be strictly confidential. He said that it was improper on the part of the court commissioner to leak the findings of his survey which was yet not submitted before the court.
Varanasi court removes court commissioner
Meanwhile, a Varanasi court has removed court-commissioner Ajay Kumar Mishra. He was removed after he revealed the findings of the report with the Hindu parties in the dispute though he is yet to submit his survey report to the court.
Meanwhile, Civil judge Ravi Kumar Diwakar asked the survey committee to submit the report within two days.
