New Delhi: The Supreme Court on Tuesday ordered the District Magistrate of Varanasi to ensure that the area where ‘Shivling’ is found in Gyanvapi mosque premises be fully protected but Muslims should not be restricted from entering the mosque or using it for namaz or any other religious purposes.
The bench comprising of Justice DY Chandrachud and Justice PS Narismha was hearing the petition filed by Committee of Management Anjuman Intezamia Masajid Varanasi against the Varanasi court’s order for carrying out a survey of the mosque and sealing the property.
“The area where ‘Shivling’ is found shall be protected. The above order shall not in any manner restrict or impede the entry of Muslims to mosque for namaz or religious observances,” the court ordered.
Earlier, Senior Advocate Hufeza Ahmedi appearing for the petitioner argued that the suit was firstly not maintainable and the lower’s court order was passed without giving any notice to them.
He argued that they had raised objections to the commissioner because there were apprehensions against him. Moreover, the protection that the lower court ordered was on the application of the plaintiff and not on the commissioner’s submissions.
“Despite the fact that no report was filed, an application was made by the plaintiff, he noticed some ‘Shivling’ and on that basis, he approached the court. That’s highly inappropriate because the report can’t be disclosed,” argued Advocate Ahmedi.
He prayed for a stay on the proceedings in the lower court but the apex court turned it down. He pleaded for a stay on all the orders passed terming them illegal but the court said that it will order partial operation of the order for balancing out.
During the arguments when the court suggested keeping the premises open for Muslims, SG Tushar Mehta appearing for the state of Uttar Pradesh objected to it contending that in case someone’s feet touch there, it will be a law and order problem. The court issued a notice in the matter returnable for May 19.
