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Gyanvapi Mosque Case : Supreme Court Asks Varanasi District Collector To Convene Meeting Tomorrow To Discuss Arrangements For Wuzu
LIVELAW NEWS NETWORK
17 April 2023 3:40 PM IST
The Supreme Court on Monday directed that a meeting be convened tomorrow by the District Collector Varanasi to consider the request of the Gyanvapi masjid committee to make arrangements for wuzu (religious ablution) and washroom in view of the Ramzan month.A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala was hearing an application filed...
The Supreme Court on Monday directed that a meeting be convened tomorrow by the District Collector Varanasi to consider the request of the Gyanvapi masjid committee to make arrangements for wuzu (religious ablution) and washroom in view of the Ramzan month.
A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala was hearing an application filed by the Committee of Management Anjuman Intezamia Masjid (which manages Gyanvapi mosque in Varanasi).
Senior Advocate Huzefa Ahmadi, appearing for the mosque committee, submitted that the wuzu used to be done in the fountain area and there were certain wash rooms near the fountain area; however, after last year's order to protect the area where a shivlinga was claimed to have been discovered, the entire area got sealed. He requested for an order to direct the authorities to consider the request.
Ahmadi further stated that the Supreme Court's order had clarified that the direction to seal the area will not restrict the right of Muslims to have religious observances, which will include wuzu.
Solicitor General Tushar Mehta, appearing for the State of Uttar Pradesh, stated that there are existing arrangements for providing water for wuzu. Regarding toilets, the SG said that the entry is from one side which according to one group is the fountain and the other group is the shivlinga. So there could be problems. In response, Ahmadi submitted that the masjid side would be content with even mobile toilets. SG added that the concern is that the mobile toilets should not affect the sanctity of the premises and the officers will have to take an appropriate call on that.
Taking note of the stand of the parties, the bench directed the District Collector to convene a meeting to provide a "congenial working arrangement". If there is a consensus in the meeting, the same can be implemented without waiting for further orders of the Court, the bench clarified.
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.
