New Delhi, 17 May: The Supreme Court has ordered the sealing of the Shivling found in the Gyanvapi Masjid complex of Varanasi.
A bench headed by Justice DY Chandrachud said that Muslims should not be stopped from entering for prayers. The next hearing of the case will be on May 19. The court said that there is no stay on the hearing of the lower court.
As soon as the hearing started, the court said that it is not a case of ownership. Only the right of worship has been sought.
Then the petitioner’s lawyer Hufeza Ahmadi said that the right of worship of Maa Shringar Gauri, Ganesh and other deities has been sought. There is a demand for worship, aarti, bhog. This will change the status of this place which is a mosque now.
Ahmadi said that we challenged the appointment of the court commissioner, it was rejected. Demanded for change of commissioner, that too was turned down.
The court asked when did the commission act. Then Ahmadi said that on May 14 and 15. He knew that the Supreme Court was about to hear, yet he took his own action. Then it was said that Shivling has been found. The order of sealing was passed by the lower court. The action taken by the commission should have been kept confidential. But it became public. The court asked when the sealing order is. Then Ahmadi said that of May 16. Police and administration have been ordered. The number of prayers has been limited.
The court said that a lot of things were sought in the application but the court ordered the sealing only. On this Ahmadi said that the number of worshipers also got limited. The status of the religious place is being changed.
Then the court said that we will order that the application you have filed. Civil court should dispose of it soon. Then Ahmadi said that it is not just that. All the orders of the Civil Court should be stayed. In the Ayodhya case, the Supreme Court has said that the Places of Worship Act is applicable to all religious places. The Supreme Court should see whether this suit should have been pursued in the lower court. Then the court said who the lawyer in the lower court is for the plaintiff.
The court said that we are issuing notice. We want to direct the lower court that the place where the Shivling was found should be kept safe but people should not be stopped from praying. Then Mehta said that Shivling has been found in Vazukhana, which is a place to wash hands and feet. The place of prayer is different.
Mehta said that the Shivling should not be harmed and then the court said that we will order security.
Then Mehta said that I would like to tell on this tomorrow. We wish that your order should not have any undesired effect.
Ahmadi said that this order will change the situation in the place. There is no prayer without wudu. The place is being used for centuries.
The court said that we will hear on May 19. For now, we will maintain the order of protection of that place. We will give instructions to the DM. If any Shivling is found, then its protection is necessary. But the prayer should not be stopped now.
The court said that we are issuing notice. The hearing will take place on May 19. On that day the lawyer of the plaintiffs who are in the civil court will also be heard. We are limiting orders from May 16. Then Mehta said that if someone sets foot on the Shivling, the law and order situation may get affected.
Then Ahmadi said that Wudhu is obligatory. Then Mehta said that she could be somewhere else. After that the court said that we are ordering the DM of Varanasi to preserve the place where Shivling has been found. People should not be stopped from praying. There is no stay on the trial of the lower court.
The petition has been filed by the Management Committee of Anjuman Inazaniya Masjid. In the petition, the order of the survey issued by the Varanasi lower court has been told against the 1991 Places of Worship Act.
During the hearing, Hufeza had said that the Gyanvapi mosque of Varanasi comes under the Places of Worship Act. The lower court of Varanasi had ordered the survey of Gyanvapi Masjid but this survey was not allowed by the Masjid Committee. In fact, five Hindu women have demanded to worship behind the western wall of the Gyanvapi Masjid.
