[BREAKING] Gyanvapi Mosque: Supreme Court directs Shivling to be protected, allows entry of Muslims to Mosque for prayers

The Supreme Court on Tuesday lifted the prohibition imposed by a Varanasi court on Muslims from entering the Gyanvapi Mosque in Uttar Pradesh, which has been a subject matter of dispute between Hindus and Muslims.

A Bench of Justices DY Chandrachud and PS Narasimha directed the District Magistrate of Varanasi to ensure that the Shivling recovered from the Mosque complex during a survey by the court commissioner be protected.

It, however, made it clear that access of Muslims to the mosque for prayers would not be impeded.

The Court proceeded to issue notice in the matter and passed the following interim order:

"In order to obviate any meaning and dispute on order of trial judge, the operation and ambit of the order dated May 16, 2022, shall stand restricted to the extent that the DM Varanasi shall ensure that the area where Shivling is found will be duly protected. The above direction shall not in any manner restrain or impede access of Muslims to the mosque or use of it for performing prayers and religious observances."

The Court also clarified that Muslims will be allowed to perform wazu (cleansing) since it is part of religious observations.

"Is wazu not religious observance? We are protecting it," the Court orally remarked when Senior Counsel Huzefa Ahmadi, appearing for the Muslim party, asked for specific direction to protect wazu.

The Court, however, declined to stay proceedings before the civil court after objections by Solicitor General (SG) Tushar Mehta, who appeared on behalf of the State of Uttar Pradesh, objected to the same.

The following are the takeaways from the order:

1. District Magistrate, Varanasi shall ensure that the area where the Shivalinga is stated to have been found is protected.

2. Muslims right to prayer and religious observances should not be disturbed inside the mosque;

The matter will be heard again on Thursday, May 19.

The Court was hearing an appeal filed by the Committee of Management of Anjuman Intezamia Masajid challenging an order of the Allahabad High Court permitting a court commissioner appointed by a civil court in Varanasi to inspect and conduct a survey and videography of the Gyanvapi Mosque over which Hindus and Muslims have laid claims for the right to worship.

The commissioner had conducted the survey during the pendency of the appeal, though he is yet to submit his report before the civil court.

The local court had, however, passed an order yesterday sealing off an area of the mosque after counsel for the Hindu parties Harishankar Jain contended that a Shivling has been recovered during the survey.

Before the apex court today, Ahmadi argued,

"Despite this matter being seized of by this Court, the commission went. Despite the fact no report was filed, application by plaintiff said there was a Shivling somewhere near the pond, this was highly improper. Such proceedings had to be confidential. Trial court allows the application and sealed off the area prohibiting entry. We brought this into record by an interim application."

He also submitted that all the orders passed by the civil court in Varanasi go against the Supreme Court judgment in the Ayodhya case.

"These are completely against the M Siddique judgment and the Ayodhya verdict. It says you cannot tinker the places of worship as existing on August 15, 1949. This is suspect to great mischief," he said.

"We will issue a direction to the trial judge to dispose of the application under Order 7 Rule 11 CPC," the Bench remarked.

"What I am also seeking is a stay of all these orders. These orders are not good on ground of jurisdiction. These orders whereby the commission etc have been appointed must come to an standstill. The status quo as it existed on date of the suit should be maintained. All orders are illegal," Ahmadi persisted.

"The basis of your challenge today which is that grant of such reliefs is precluded by the 1991 Act is also the basis of Order 7 Rule 11 (CPC) application be decided. So the grievance is that. We direct trial court to dispose it of," the Court suggested.

Ahmadi, however, said that the sealing order should not be allowed to continue since it was patently illegal and passed without hearing the other side.

"It is almost like sealing a property. Please see Section 3 of Places of Worship Act. It cannot be done. The basis (of their case) is a historical wrong was committed and that is how they have prayed that right to worship be restored. But Supreme Court has held otherwise in Ayodhya case only. I would have preferred the maintainability to be decided here as well. I will show how all these orders passed are patently without even jurisdiction," Ahmad urged.

SG Tushar Mehta, appearing for the State of Uttar Pradesh, sought time to take instructions before any order is passed.

"Wazu khana is where hands and legs are washed and there is a separate place for prayers. The magistrate thinks if there is something of great significance to decide the suit, then there must be difficulty," he said.

"Where is the Shivling? Even the magistrate has not seen it. We can clarify that the order is only in terms of what follows thereafter," the Bench said.

"What if someone destroys the Shivling?" the SG said.

"We will ask DM to ensure security," the Bench responded.

The appeal arises from a suit filed by Hindu parties claiming that the Gyanvapi Mosque houses Hindu deities and that Hindus should be allowed to worship and do puja at the site.

The lower court had appointed a court commissioner to conduct a survey and videography of the site. This order was challenged before Allahabad High Court, which dismissed the appeal on April 21.

Subsequently, the Masajid Committee filed a plea before the lower court claiming that the court commissioner was biased and should be replaced. The same was dismissed, paving the way for the survey to take place.

The President of Hindu Sena has filed an intervention plea before the Supreme Court seeking the dismissal of the appeal.

[Read Order]