Gyanvapi case: SC orders 'Shivling site to be protected', to continue hearing on May 19

The Supreme Court on Tuesday heard a plea filed by the Anjuman Intezamia Masajid Committee seeking a stay on the videographic survey of the Gyanvapi mosque. After the hearing, the top court issued a notice to all 9 parties including the UP Government, and ordered that the spot (Wuzu Khana) where the Shivling was found be 'protected', while Muslims be allowed to continue prayers in the mosque complex. 

"We are staying certain part of the order but we direct that the area where the Shivling has been found shall be protected without hindering the Muslim's right to pray," observed the SC.

'Varanasi Court Order akin to sealing of the mosque': Petitioners

During the hearing, advocate Huzefa Ahmadi representing the petitioners claimed that the order of the Varanasi court, which directed the sealing of the Wuzu khana, was akin to 'sealing of the mosque and stopping of prayers'.

An important observation was made by the Supreme Court at this point. Questioning the petitioner, the court noted that the suit of the Hindu side, seeking to perform prayers in the Gyanvapi mosque complex, 'is not a title suit, it's a suit for worship.'

To this, advocate Ahmadi contended that the prayers seek to change the 'religious character of this place', which is presently a mosque. Further, objections were raised over the alleged 'leaking' of information that a 'Shivling' was found in the pond. The advocate asserted that the 'Commission report is supposed to be confidential until it is filed.'

"Despite the fact that no report was filed by the Commissioner, an application was filed by the plaintiff that commissioner noticed a Shivling near pond? This is highly improper," he argued.

'Continuing Wuzu may create law & order issue': SG

On the other hand, Solicitor General of India, Tushar Mehta, appeared on behalf of the Uttar Pradesh Government in place of advocate Hari Shankar Jain, who was suffering from a medical ailment. The SG underlined that the Wazu khana, where the Shivling was found, was the place where Muslims washed up, hence continuing Wuzu in that area might create a 'law and order situation'.

"The concern of Magistrate seems to be that if something significant is found, anyone entering nearby might cause some difficulty," said SG Mehta, asserting that Wuzu can be performed anywhere else. The SG further suggested that Court may pass an order tomorrow, after taking the facts and pictures in mind. 

'We have to maintain balance': SC 

After listening to the submissions, the Supreme Court observed that it will pass a part of the order and protect the spot where the Shivling was found, but the rest of the order is stayed. While it refused to stay the Varanasi Trial Court's proceedings, it removed the number restriction from its order, under which only 20 Muslims were allowed to enter the mosque, observing that prayers of Muslims can not be impeded. 

"If a Shivling is found, we have to maintain a balance. We will direct the District Magistrate to ensure the protection of the place without restricting Muslims from praying.," the apex court noted. 

"It is been submitted by the petitioner that since the trial judge allowed the application, the order suspects that all reliefs have been granted, in order to obviate on the meaning of the order, the operation of the order dated 16th May shall stand restricted with the extent that:- a)The area where Shivling is found shall be duly protected; b)The above direction shall not impede the use of mosque by Muslims," the SC's detailed order read.

The matter has now been slated for further hearing on May 19, Thursday.