SC refuses to stay Varanasi court order; directs to protect Shivling

Hearing on the plea of the management of Gyanvapi mosque against the survey of the Gyanvapi-Shringar Gauri complex in Varanasi in Uttar Pradesh, the Supreme Court on Tuesday said that it will hear the matter again on Thursday, May 19.

A bench of Justices D Y Chandrachud and P S Narasimha heard the plea of the Committee of Management Anjuman Intezamia Masjid, which manages the affairs of Gyanvapi mosque in Varanasi, and directed the District Magistrate to ensure protection of the place where Shivling was found without restricting Muslims from praying.

Senior Advocate Huzefa Ahmadi was representing the Masjid Committee while the plaintiff’s lawyer Hari Shankar Jain could not appear because of a cardiac arrest.

Appearing for the State of UP, Solicitor General Tushar Mehta prayed the bench to allow him time till tomorrow to respond.

Before passing the order, Justice Chandrachud said, “We will keep the matter for hearing on Thursday. In the meantime we will say we will protect the part of this order in so far as the protection of shiv ling is concerned. The rest of the order, in so far as it grants prayers 1, 2 and 3 we are staying.”

“If a shiv ling is found, we have to maintain a balance. We will direct the District Magistrate to ensure protection of the place without restricting Muslims from praying,” he added.

The order passed by the bench read: 

"Issue notice returnable on May 19. The order of Civil Judge Senior Division Varanasi dated 18/8/2021, 5th and 8th April 2022 were questioned before Allahabad HC in a petition under Article 227. The single judge on 21/4/22, rejected the petition.

"In pursuance of the order of the trial judge, the Commissioner commenced work on 14 & 15 May. Mr.Huzefa Ahmadi submits that during the course of the execution of the work of the commission, an application was moved before the trial judge on May 16 by counsel for plaintiffs.

"On the above application, the following order has been passed. Notice shall issue returnable on Thursday May 19. It has been submitted by petitioners that since the trial judge has allowed the application 78GA, the order is susceptible of the interpretation that the entirety of the reliefs have been allowed. In order to obviate any difficulties on the meaning and intent of the trial judge, the operation and ambit of the order dated May 16 shall stand restricted to the extent  that the DM Varanasi shall ensure ​​the area where shiv ling 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."

During the pronouncement of the order, Ahmadi insisted that Wazu be allowed.

On this, Justice Chandrachud said, “Mr Ahmadi, we have excluded the three reliefs sought in the application. We have protected the spot where the shiv ling was found. And we have clarified that this will not restrict the rights of Muslims. I think this is a balance.”

Ahmadi also pressed the bench to stay the trial court proceedings till Thursday.

To which, SG Mehta objected saying that this demand was to sensationalise.