Supreme Court defers hearing on Gyanvapi survey row to Friday

Tribune News Service

Satya Prakash

New Delhi, May 19

The Supreme Court on Thursday deferred to Friday the hearing on a petition filed by the Committee of Management of Anjuman Intezamia Masjid challenging the Allahabad High Court’s order permitting a local court-appointed commissioner to inspect, conduct survey and videograph the Gyanvapi mosque-Shringar Gauri complex.

A three-judge Bench led by Justice DY Chandrachud deferred the hearing after advocate Vishnu Shankar Jain, representing the Hindus, said advocate Hari Shankar Jain - who represented them before the Varanasi court - was indisposed.

The top court asked the Varanasi court to desist from proceeding further in the case ànd posted the matter for 3pm on Friday.

Senior advocate Huzefa Ahmadi, representing the Muslim petitioners, initially opposed the adjournment but later agreed to it.

Solicitor General Tushar Mehta, representing the UP government, said the matter should be heard at the earliest.

The top court had on Tuesday ordered protection of the area where a ‘Shivling’ was reported to have been found at the Gyanvapi mosque-Shringar Gauri complex in Varanasi even as it clarified that there should be no restriction on Muslims offering namaz or other religious observances there.

The Bench had refused to stay the ongoing proceedings before the lower court but made it clear that the trial judge’s order that only 20 people would offer namaz at the disputed complex would not operate now.

It had issued a notice to the Hindu side and posted the matter for further hearing on May 19 after it was informed that advocate Hari Shankar Jain, who represented the Hindu side, was admitted to a hospital in Varanasi.

“This is an interim arrangement till counsel for the plaintiff is here. We need to balance the rights of contesting parties. The order of May 16, 2022, to the extent that DM, Varanasi, shall ensure the protection of area where ‘Shivling' is said to be found will not impede upon the rights of the Muslims to offer namaz and perform religious observances,” the Bench had said.

On behalf of the state of Uttar Pradesh, Mehta urged the top court to pass any material order only after getting a factual report to avoid any unintended consequences.

Ahmadi had said the mosque was covered under the Places of Worship (Special Provisions) Act, 1991. He said the trial court’s order was in the teeth of the Act.

“Section 3 of the Act makes it clear that it can't be done….The orders right from the beginning, including the one taking cognisance of the suit and the suit and the subsequent orders, are illegal,” Ahmadi contended.

Section 4 of the Act bars filing of any suit or initiating any other legal proceeding for a conversion of the religious character of any place of worship, as existing on August 15, 1947.

After a court-mandated videography of the Gyanvapi complex discovered a ‘Shivling’ on its premises, Varanasi Civil Judge (Senior Division) Ravi Kumar Diwakar had on Monday ordered the place to be sealed. Diwakar had ordered the Varanasi District Magistrate to seal the area where the Shivling was found to ensure that no one entered the premises. It had ordered the District Magistrate, Police Commissioner and the Central Reserve Police Force to ensure that the sealed area remained safe and secure.

On last Thursday, the Varanasi court had asked the commissioner to submit the survey report by May 17. However, on Tuesday it gave two more days to the survey team to submit its final report. It also removed survey commissioner Ajay Mishra for leaking information to the media.

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