Protect area of 'Shivling' but no restriction for Namaz: SC on Gyanvyapi mosque complex

The suit is all about changing character of a shrine which is a mosque, the counsel said

The Supreme Court on Tuesday directed protecting the area at Gyanvyapi mosque complex where a 'Shivling' was found but ordered that no Muslim should restrained or impeded from offering 'Namaz' there.

A bench of Justices D Y Chandrachud and P S Narasimha issued these directions to the District Magistrate.

The top court rejected repeated plea by senior advocate Huzefa Afmadi for staying the proceedings before the trial court in Varanasi.

It pointed out the suit filed before the Varanasi court was not title suit but one for injunction against worship at 'Shringar Gauri'.

The trial court's order for survey of the area by appointing court commissioners was questioned by the Committee of Management Anjuman E Intezamia Masjid Varanasi. The committee challenged the Allahabad High Court's April 21 order, which declined to intervene into the matter.

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The survey was conducted at the complex on May 14, 15 and 16.

Appearing for mosque management committee, Ahmadi contended all the orders passed by the Civil Judge (senior division) were non est in the eyes of law and were in teeth of the Supreme Court's Ayodhya case judgement wherein the top court interpreted Section 3 and 4 of the Places of Worship (Special Provisions) Act, 1991 related to maintaining character of all shrines as prevailed on August 15, 1947.

"It is bit too dangerous to allow the suit to be heard over there. All orders passed by the trial court were patently without jurisdiction," the counsel said.

The suit is all about changing character of a shrine which is a mosque. This is not maintainable, he added.

"The Commission went on for survey, notwithstanding that this court is in seisin of the matter. The proceedings was highly confidential, yet the trial court acted on May 16 an application for sealing of the premises without notice to the other side," the counsel said.

The status quo is now sought to be altered, entry of Muslims is restricted, he pointed out.

After hearing the counsel, the bench preferred to modify the trial court's May 16 order which had ordered sealing of the area and barred entry of Muslims over there.

It did not allow a plea for use of 'Vazukhana', where 'Shivlinga' is claimed to have been found, as Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, contended if anyone used his foot over there, it would create a law and order problem.

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The court was informed that advocate Hari Shankar Jain on whose plea the trial court passed ex parte order on May 16 had developed cardiac problem and was admitted to a hospital in Varanasi.

The top court also issued notice to the five women led by Rakhi Singh who had filed a suit for permission to worship the place situated at Kashi Vishwanath temple and Gyanvyapi mosque complex at Varanasi.

It put the matter for further hearing on May 19.