New Delhi: The Supreme Court directed the Varanasi administration to protect and seal the area where a “Shivling” was found, during a video survey, inside the Gyanvapi mosque complex, while also telling the authorities concerned to not restrict Muslims from entering the mosque to offer namaz.
A bench of Justices D Y Chandrachud and P S Narasimha said: “The area where Shivling is found should be protected.” The bench added that no manner of restriction should be imposed on Muslims entering the mosque to offer namaz or religious observances.
Senior advocate Huzefa Ahmadi, representing the Committee of Management, the Anjuman Intezamia Masajid Varanasi, urged the top court to stay the proceedings before the trial court in Varanasi. The trial court’s order for the survey of the area by appointing Court Commissioners was questioned by the masjid committee, which moved the apex court to challenge the Allahabad High Court’s April 21 order. The high court had declined to intervene in the matter. The survey was conducted on May 14, 15 and 16.
Ahmadi urged the bench to see the manner in which order is passed and added that it shows the lack of fairness. The order was passed in a suit for worship filed by Hindu devotees.
The masjid committee opposed the suit saying it is barred by the provisions of the Places of Worship Act and contended that no tinkering with any place of worship as of August 15, 1947, was permitted.
“How could you seal the premises; you are altering the status quo. It is almost sealing the property and also restricting the prayer inside the mosque on the basis a temple existed..” he said.
The top court did not allow the plea for use of wuzukhana — a place for washing hands, feet, and face before offering prayers — where the ‘Shivling’ has been purportedly found.
