NEW DELHI: The Supreme Court on Tuesday ordered that the area where a shivling was reportedly found in the Gyanvapi mosque premises should be fully protected. However, the top court made it clear that the direction does not in any manner restrict or impede the use of the mosque by Muslims for worship. The Supreme Court was hearing a petition challenging the inspection and video survey of the premises inside the Gyanvapi mosque.
"The area where a shivling (indicated in the impugned order) was found shall be protected. The above order shall not in any manner restrict or impede the entry of Muslims to the mosque for namaz or religious observances," a bench led by Justice DY Chandrachud said.
“This is clear in the teeth of the Supreme Court judgement in the Ayodhya case and Places of Worship Act. I seek stay of these orders. These orders must come to a standstill. All these orders are illegal. The order was passed ex parte without serving to us. The basis of the suit is a claim that there was a temple on the premises. What was the need for the tearing hurry in the way the premises were sealed,” said senior advocate Hufeza Ahmadi, appearing for the Muslim party.
The top court however refused to stay the proceedings in the trial court.
The top court was informed that the counsel from the other side is not well. Hence, the top court while issuing notice in the case posted the matter for hearing on Thursday.
"We haven't seen the report," Solicitor General Tushar Mehta, who appeared for the Uttar Pradesh government, said.
The controversial court-mandated videography of the Gyanvapi mosque complex on Monday took a dramatic turn with a Varanasi court ordering the sealing of a pond after claims of having spotted a ‘shivling’ in it, though the other side said it was just a defunct fountain. The pond is used by Muslim devotees for wuzu or purification rituals before offering namaz.
The Varanasi court’s order came even as the videography was on, as one lawyer Harishankar Jain, representing a plaintiff, left the survey team midway and filed a court application about the ‘shivling’.
“As it is a very important piece of evidence, the area should be sealed immediately for its safety,” he said in his application.
Judge Ravi Kumar Diwakar, while directing the district administration to seal the area of the wuzu pond, ordered restricted entry of people into that part of the mosque premises, but did not put a figure to it.
The judge, however, made the state chief secretary and director general of police responsible for the supervision of the sealing process and the work done by the district magistrate, commissioner of police and the CRPF for the execution of the order.
In a petition filed by five Hindu women seeking access and right to worship at the western wall of the mosque complex, a local court of Varanasi had ordered an inspection of the premises through advocate commissioner Ajay Kumar Mishra.
The court on May 12 had refused the Anjuman Islamia Masjid Committee's plea to replace advocate commissioner Ajay Kumar Mishra.
The court had further appointed Vishal Singh and Ajay Pratap Singh to assist Ajay Kumar in the survey.
The local court order has asked for the survey report by the commissioner to be submitted by May 17.