Gyanvapi Masjid row: Supreme Court says 'Shivling' area to be protected; allows namaz inside mosque

The Supreme Court on Tuesday ordered the district magistrate to protect area where 'Shivling' is found without denying access to Muslims to the mosque in the Gyanvapi Masjid-Shringar Gauri complex case. The top court also quashed the trial judge directions that only 20 people will pray namaz etc.

The next date of hearing is May 19 and the Varanasi court-appointed Commission got two days' time to submit the report.

A bench of Justices DY Chandrachud and PS Narasimha heard the plea of the Committee of Management Anjuman Intezamia Masjid, which manages the affairs of Gyanvapi mosque in Varanasi. The hearing in the matter comes amidst an important development with a Varanasi court on Monday directed the district administration there to seal the spot of the survey inside the complex where allegedly 'Shivling' has been found by the surveying team.

The apex court asked Solicitor General Tushar Mehta, who was representing the state of Uttar Pradesh, "Where is the Shivling? Even the magistrate has not seen it. We can clarify that the order is only in terms of what follows thereafter." On the question of security to the alleged 'Shivling', the court said it will ask the district magistrate to ensure security,

The Varanasi court-appointed Commission that carried out the survey of the Gyanvapi mosque complex has submitted an application in the court seeking two additional days to submit its report. The Varanasi court has also removed Commissioner Ajay Mishra for leaking information on the survey.

The All India Muslim Personal Law Board (AIMPLB) has condemned the survey of the mosque and sealing of 'wuzukhana' (ablution area). The board termed the survey, its report and the sealing of 'wuzukhana' as gross injustice to Muslims. The AIMPLB said the current situation created about the Gyanvapi mosque was completely unacceptable to Muslims. AIMPLB General Secretary, Maulana Khalid Saifullah Rahmani said, "Gyanvapi is a mosque and will remain a mosque. The attempt to transform it into a temple is nothing more than a conspiracy to spread hate by communal forces."

A Varanasi local court on May 12 had rejected a plea to replace the advocate commissioner it had appointed for conducting a videography survey of the Gyanvapi-Shringar Gauri complex and ordered the completion of the task by May 17. The district court also appointed two more lawyers to help the advocate commissioner survey the mosque, which is located close to the iconic Kashi Vishwanath temple. It ordered the police to register FIRs if there are attempts to scuttle the exercise.

The local court's May 12 order came on a plea by a group of women seeking permission for daily worship of Hindu deities whose idols are located on an outer wall of the mosque. The mosque management committee had opposed filming inside the mosque and also accused the court-appointed commissioner of partiality.

The original suit was filed in 1991 in the Varanasi district court for the restoration of the ancient temple at the site where the Gyanvapi mosque currently stands. The plea has been taken in the suit that said the mosque is a part of the temple.