SC Rejects Plea To Worship 'Shivling' Allegedly Found Inside Gyanvapi Mosque Complex

The Supreme Court was hearing the plea filed by the Anjuman Intezemia Masjid Committee of the Gyanvapi mosque challenging the survey report of the court-appointed Commission which inspected and conducted a survey of the mosque.

By Talibuddin Khan
Updated: Thu, 21 Jul 2022 04:22 PM IST
Minute Read
SC Rejects Plea To Worship 'Shivling' Allegedly Found Inside Gyanvapi Mosque Complex
Gyanvapi Mosque in Varanasi. (ANI Photo)

The Supreme Court on Thursday refused to entertain a plea seeking the right to worship the Shivling said to be found inside the Gyanvapi mosque complex. The bench said such prayers can't be entertained when the suit is already pending. The plea has said that since the month of 'Shravana' is starting, Hindus may be allowed to offer puja and exercise their right.

The top court also dismissed the plea filed by seven women seeking carbon dating and ground penetrating radar survey of the discovered Shivling within the Gyanvapi Mosque while deferring the matter till October first week.

A bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha said that it is posting for October first week hearing on the appeal of Gyanvapi mosque committee's plea against the Allahabad High Court order upholding the appointment of court commissioner to survey the site.

The bench said that it has been apprised of the fact that proceedings before the District Judge are still underway and it would be appropriate if the appeal of the mosque committee is kept pending till the outcome of the application filed under Order 7 Rule 11 questioning the maintainability of the suit.

The Anjuman Intezemia Masjid Committee has filed a case questioning the maintainability of the suit filed by four Hindu women seeking permission to pray inside the mosque complex.

During the hearing, senior advocate Huzefa Ahmadi appearing for the mosque management committee said that the order appointing the Commissioner to survey the premises is like a poison tree whose poison fruit -- the report -- has created a situation and perception which attempts to alter the status quo of the mosque existing for centuries.

Ahmadi said these reports are used to create some kind of perception and the top court will have to go into the correctness of the order appointing the Commission.

On May 20, the top court transferred the civil suit filed by Hindu devotees on Gyanvapi mosque from civil judge (senior division) to district judge, Varanasi saying looking at the “complexities” and “sensitivity” of the issue, it is better if a senior judicial officer having an experience of over 25-30 years handles this case.

It had ordered that its interim order passed on May 17 -- to protect the area where the Shivling was found and access to Muslims for namaz -- shall continue in operation till maintainability of the suit is decided and thereafter for eight weeks to enable parties to pursue legal remedies.

The Hindu side has claimed that a Shivling (a representation of Lord Shiva) was discovered inside the mosque premises and the Muslim side claimed that the structure was part of the fountain at the mosque's wuzu khana area.

 

(With ANI Inputs)

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