Gyanvapi Mosque Case| Masjid Committee Seeks Urgent Listing In View Of Ramzan; Supreme Court Lists On April 14

The Supreme Court on Thursday listed the pleas concerning the Gyanvapi Mosque dispute on 14th April 2023. The development took place when Senior Advocate Huzefa Ahmadi mentioned the matter before a bench comprising CJI DY Chandrachud and Justice JB Pardiwala. 

Ahmadi, appearing for the Committee of Management Anjuman Intezamia Masjid (which manages Gyanvapi mosque in Varanasi), requested that the matter be taken up sooner, in view of the month of Ramzan, which is regarded holy by the believers. 

Ahmadi submitted–

"Your lordships had passed an order in the matter that the area was sealed. There are bathrooms behind, those were also sealed."

To this, CJI Chandrachud said–

"It is coming on 21st, so we'll list this together?"

However, Ahmadi requested that since the month of Ramzan had started, an earlier date would be better.

CJI DY Chandrachud said–

"Why don't you take up an IA? So we list an IA on 14th. Just file an IA, ask a junior to mention on 10th, we'll keep on 14th."

Background of Proceedings

In May last year, after the plaintiffs claimed that a 'Shiva Linga' had been found inside the Gyanvapi Mosque premises during a survey, the Varanasi Court ordered to seal the place/area concerned, which was the wuzukhana where Muslim worshippers used to perform ablutions before prayers.

The Civil Judge Senior Division at Varanasi was considering a suit moved by five Hindu women asking for year-long access to pray at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex in Varanasi.

On May 17, 2022 the Top Court clarified that the order passed by the Varanasi Court to seal the area will not restrict the right of Muslims to access the mosque to offer namaz and to perform religious observances. The interim order was later extended until further orders.

On May 20, 2022 the Supreme Court transferred the suit to Varanasi District Court, observing that a senior and experienced judicial officer should deal with the matter considering the sensitivity of the issues involved. The Court directed that the District Court should hear the applications filed by the Masjid Committee under Order 7 Rule 11 CPC questioning the maintainability of the suit on priority.

In September 2022, the District Court rejected the Masjid Committee's objection to the maintainability of the suit and held that the same was not barred by the Places of Worship Act 1991. The Varanasi District Court then dismissed an application filed by the plaintiffs for carbon-dating and scientific investigation of the "shiv ling". Against this, the Allahabad High Court was approached through a revision plea. In the matter, the Allahabad High Court granted another chance to the Archaeological Survey Of India (ASI) to file its reply on the issue as to whether a safe evaluation of the age of the 'Shiva Linga' could be done. The Court gave her a last chance to file a reply in the case on or before April 17.

Earlier, the Supreme Court had agreed to list a plea seeking the consolidation of all suits filed in connection with the Gyanvapi Mosque dispute on 21st April 2023.