A bench of Justices DY Chandrachud and PS Narasimha, while hearing the plea of Anjuman Intejamiya Masjid Committee, which looks after the functioning of Gyanvapi Masjid in Varanasi, ordered that Muslims can continue to offer prayers without any hindrance.
However, the top court refused to stay the proceeding before the civil judge, Varanasi, who is hearing the case related to the Gyanvapi mosque.
The court issued notices to the petitioner Hindu devotees and fixed May 19 for hearing on the petition of the Masjid Committee.
Earlier on May 13, the Supreme Court had refused to pass any order on an appeal seeking a stay on the recent order of a Varanasi court for surveying the Gyanvapi mosque.
Senior advocate Huzefa Ahmadi, on behalf of the management committee of the mosque, Anjuman Inazaniya Masajid Committee, had reached the top court regarding the matter. Ahmadi had argued that the Varanasi court’s decision was contrary to the Places of Worship Act, 1991.
The Places of Worship (Special Provisions) Act, 1991 states that the religious nature of the place of worship will continue as it existed on 15 August 1947.
However, a bench headed by Chief Justice of India (CJI) NV Ramana said that the court will have to examine the files of the case before listing the matter for hearing.
varanasi court removes advocate commissioner ajay kumar mishra
Meanwhile, the Varanasi court on Tuesday removed Advocate Commissioner Ajay Kumar Mishra from his post. He was appointed for the videography and survey of the Kashi Gyanvapi Masjid complex.
Gyanvapi mosque survey | Advocate-Commissioner Ajay Kumar Mishra removed from his post appointed by the court.#UttarPradesh
— ANI UP/Uttarakhand (@ANINewsUP) May 17, 2022
Apart from this, the court has given two more days to submit the video survey report, according to the report of news agency ANI.
Earlier, Assistant Advocate Commissioner, Advocate Commissioner Ajay Pratap Singh had informed on Tuesday that the report related to the videography-survey work of the Gyanvapi Masjid complex is not ready yet, so the commission will ask the court to present it for two-three days. Will ask for extra time of day.
Singh had said, ‘As per the order of the court, the videography-survey work of Gyanvapi Masjid complex was done between 14 and 16 May from 8 am to 12 noon. The report related to the survey was to be presented in the court on May 17.
However, he had further said, ‘We are not submitting the report in the court today (Tuesday), as it is not ready. We will seek additional time of two-three days from the court. We will present the report in whatever time the court gives.
Singh said, ‘As of now only about 50 percent of the report has been prepared. This is because we did not get enough time to compile the report.
Commenting on the survey work, Singh said, “As per the order of the court, a survey of open and closed ‘basement’ in the mosque premises was done. The locked ‘dahkhana’, whose key was not found, was broken by the district administration. After this, along with videography, photographs were also taken there.
When asked about the Shivling being allegedly found in ‘Vazukhana’, he said, “I cannot comment on it.” But, of course, there was something that led the Hindu side to make such a claim and the court took cognizance of it and passed its order.
Earlier, lawyers representing the Hindu side had on Monday claimed that a Shivling was found in the mosque premises during the videography-survey work mandated by the court.
A local court on Monday, hearing a plea filed by the Hindu side, ordered sealing of the part of the Gyanvapi mosque complex where the Shivling was allegedly found.
Civil Judge Senior Division Ravi Kumar Diwakar had said in the order, ‘The District Magistrate of Varanasi has been directed to seal the place where the Shivling was found with immediate effect and no person should be allowed to enter the sealed area. Not to be allowed.’
The court has entrusted the responsibility of protecting and securing the place to be sealed to the District Magistrate, Police Commissionerate Varanasi and the CRPF Commandant.
The court has directed the District Magistrate to bar the entry of people at the place where the Shivling is claimed to be found and allow only 20 people to offer Namaz in the mosque.
On the other hand, a member of the committee that manages the Gyanvapi Masjid had refuted this claim, saying, ‘Mosques of the Mughal period have a tradition of putting fountains inside the wazukhana. A stone of the same has been found in the survey today, which is being told as Shivling.
Syed Mohammad Yasin, joint secretary of Anjuman Inazaniya Masjid Committee, had alleged that the side of the mosque management was not heard before the order was passed by Civil Judge (Senior Division) Ravi Kumar Diwakar.
“No copy of the application filed by the Hindu side in the court for sealing the alleged Shivling and its meeting place, was not given to the Muslim side, nor were we heard,” he claimed.
A local court in Varanasi had on May 12 dismissed a petition filed to replace the advocate commissioner appointed to conduct the videography survey of the Gyanvapi-Shringar Gauri complex and ordered completion of the work by May 17.
past events
It is to be known that on April 8, the Varanasi court had appointed Advocate Commissioner Ajay Kumar Mishra to survey the Maa Shringar Gauri site at the disputed site and asked him to videograph the work and submit a report.
On April 21, the Allahabad High Court dismissed the petition of the Masjid Committee challenging the order of the Varanasi Court. After this, on 26 April, the Varanasi court had ordered for videography of the disputed site back.
This order was given after a petition by Delhi residents Rakhi Singh, Lakshmi Devi, Sita Sahu and others.
The original suit was filed in the Varanasi district court in 1991 for restoration of the ancient temple at the site where the Gyanvapi Mosque currently stands. It has been said in the petition that the mosque is part of the temple.
During this, the survey did start on May 6, but it was stopped when the Masjid Committee appealed to the court alleging bias.
The court had directed the authorities to conduct a video survey and record of the place before May 10, while the mosque management committee ‘Anjuman Inazaniya Masajid Committee’ objected to the videography order here.
Abhay Nath Yadav, the lawyer for the Muslim side, had given an application in the court to get him replaced, questioning the impartiality of the Advocate Commissioner appointed for the videography survey.
Alleging that the buildings to be taken under the purview of the survey were shown by scrapping, he had said that the court had not given any order to dig or scrape and he was not satisfied with the survey proceedings that started on May 6.
After this, on May 12, the Varanasi court had dismissed the petition seeking removal of Advocate Commissioner Ajay Kumar Mishra, appointed for conducting survey-videography work of Gyanvapi-Shringar Gauri complex.
The court had made it clear that videography would be done inside the Gyanvapi mosque as well.
Diwakar, a civil court judge (senior division), had appointed Vishal Singh as special advocate commissioner and Ajay Pratap Singh as assistant advocate commissioner, while rejecting the plea for removal of advocate commissioner Mishra.
He had also given instructions to submit the report by May 17 after videography of the entire campus.
It is noteworthy that Rakhi Singh and others, led by Jitendra Singh Visen, the office-bearer of Vishwa Vedic Sanatan Sangh, filed a suit in the court in August 2021, offering regular darshan-worship of Shringar Gauri and other deities located near the western wall of Gyanvapi Mosque. Security was sought.
Along with this, a survey was requested from the court to know the actual position of all the temples and deities of the deities located in the Gyanvapi mosque complex.
(with input from news agency language)
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