The Supreme Court on Tuesday directed the Varanasi district magistrate to protect the area where the ‘Shivling’ was found, while lifting the ban by a Varanasi judicial court, which ordered that the area inside the mosque complex be sealed off and Muslims pray in the area. Access is prohibited. While retaining the area that the trawl judge needed to protect, the apex court made it clear that its directive (to protect the area where the Shivling was claimed to be found) would not “prevent Muslims from entering the mosque for prayers and supplications.” Religious observance. “The court further clarified that Muslims will be allowed to perform waju (purification) as it is a part of religious observance.
A bench of Justices DY Chandrachud and PS Narasimha was hearing an appeal filed by the Anjuman Intezamia Mosque Management Committee challenging an order of the Allahabad High Court to allow a civil court-appointed court commissioner to conduct a survey and videography inspection and conduct. Gyanbapi Mosque. The petitioner claims that the order violates the Place of Worship Act, 1991, which prohibits any change in the character of existing religious places on August 15, 1947.
The apex court also quashed the trial judge’s order directing the DM of Varanasi to protect the interior of the mosque from where the Shivling was claimed to have been recovered, so that a cap of 20 people could be put on the entrance to the mosque complex and prayers could be offered. He said that the right of Muslims to pray and practice their religion inside the mosque should not be disturbed.
Appearing on behalf of the mosque committee, Huzaifa Ahmadi criticized the Varanasi trial court’s order to seal off the area and ban Muslims from entering the mosque, based on a petitioner’s claim. “Attempts are being made to change the status quo behind the commission’s work,” Ahmadi claimed during the hearing. In his question, the bench made it clear that it was allowing Ozu because it was also a religious observance. “Isn’t ablution a religious observance? We are protecting it, “the bench said in a statement.
The Solicitor General, appearing on behalf of the Uttar Pradesh government, opposed the move and asked the SC to direct Wazu to relocate as any foot touching the Shivling could lead to law and order situation. “If the place where Shivling was found was touched, it would lead to law and order situation,” SG said. In it, the apex court verbally commented: “We have balanced it.”
The apex court further told Ahmadi that the bench had upset the balance. “We have omitted the three reliefs sought in the petition. We have protected the place where Shivling was found. And we have made it clear that this will not limit the rights of Muslims. I think it’s a balance, “said Justice Chandrachud.
The apex court, however, refused to adjourn the proceedings before a single-judge bench of the Varanasi trial court on the groundbreaking inquiry and posted the matter for hearing on Thursday.
In a related development, a Varanasi court today dismissed Survey Commissioner Ajay Kumar Mishra from his post for “leaking information” to the media and appointed Vishal Singh as his successor, giving the commission an additional two days to submit its report. The commission’s results were due to be released to the court on Tuesday. A three-day videography survey was completed at Gyanbapi Mosque on Monday.