New Delhi, May 17 (LAB) The Supreme Court today asked the Varanasi District Magistrate to protect the area where the ‘shivling’ was found without impeding the right of Muslims to enter and worship.
A bench comprising Justice DY Chandrachud and Justice PS Narsimha while hearing a plea by the Committee of Management of Anjuman Intezamia Challenging the videography survey of the Gyanvyapi Mosque ordered by the local court of Maa Shringar Gauri Sthal situated in the complex, issued notice to the Uttar Pradesh government and other respondents returnable by Thursday, May 19.
Senior Advocate Hufeza Ahmadi appearing for Management of Anjuman Intezamia who looks after the Gyanvyapi Mosque said, “our petition is about changing the religious character of this place which is a Mosque.” “This suit is barred and is nonmaintainable in the wake of the character of the Supreme court judgment in the Ayodhya Matter, ” Ahmadi argued. This must come to a standstill and a status quo should be maintained in the case, he said.
Ahmadi argued that the manner this case has proceeded is wrong. The Trial court appointed a commissioner without giving us a notice or making us a party. Secondly, the proceedings of the court commissioner were supposed to be very confidential but it was leaked. Thirdly the trial court ordered sealing off of the premises only on the basis of the statement of the petitioner and did not care to wait till the official findings of the report were tabled.
“How do you seal the premises when the status report of the survey is yet to be filed before the trial court, Mr Ahmadi argued.
Solicitor General Tushar Mehta appearing on behalf of the Uttar Pradesh Government said that the main petitioner who filed the suit in Varanasi trial court Mr Hari Shankar Jain is hospitalized and could not appear before the Apex Court today so no papers of the main petition were available to him. The SG sought time to read the case file then only he will respond. The Court fixed Thursday, May 19 as the next date of hearing.
Mr. Ahmadi contended that the suit filed in the trial court is contrary to provisions of the Places of Worship (Special Provisions) Act 1991.
This case pertains to an order passed by the Varanasi Court on Monday directing the District Magistrate to seal the area at the Gyanvapi Mosque complex where a ‘Shivling’ has been allegedly found during the last day of the court-ordered survey. The court prohibited the entry of any person to the area and directed the DM, police commissioner, and CRPF commandant Varanasi responsible for the security of the sealed area. The trial court also restricted the entry of Muslims to 20 persons only for purpose of performing Namaz.
The Hindu petitioners contend that there is a Shivling in the Gyanvyapi Mosque and is very much a part of the Kashi Visvanath Temple. This Shivling is among one of the Twelve Jyotirlinga’s of the country and is very sacred to the Hindus. The 12 Jyotirlingas in India are Kashi Vishwanath, Somnath, Nageshwar, Bhimashankar, Trimbakeshwar, Grishneshwar, Vaidyanath, Mahakaleshwar, Omkareshwar, Kedarnath, Rameshwaram, and Mallikarjuna.
The case will come up for hearing again on Thursday, May 19. / LAB/SNG/