“The area where shivlinga as indicated in the impugned order (of Varanasi district court) is found shall be protected. The above order shall not in any manner restrict or impede the entry of Muslims to the mosque for namaz or religious observances,” the order said after a lengthy hearing.
In a related development, a court of Varanasi court of Civil Judge (senior division), which had last week ordered a survey of the Kashi Vishwanath Temple-Gyanvapi Mosque complex, removed advocate Ajay Kumar Mishra heading a 3-member survey committee for filming and leaking the survey to the media and granted two days’ extension to the committee to file its survey report.
The Supreme Court quashed the Varanasi court’s order on Monday to the district administration to seal the spot in the mosque where a Shivlinga was claimed to have been found during the videographic survey. It put individual responsibility to protect teh Shivlinga on the district magistrate, police commissioner of Varanasi and Central Reserve Police Force.
Senior lawyer Huzefa Ahmadi, heading a batch of lawyers appearing for the management of the Anjuman e Intezamia Masjid Varanasi, urged the court to restrain the Civil Judge (Senior Division), Varanasi, from passing any further orders in the matter. Justice Chandrachud declined to stay the proceedings before the Varanasi court, observing that ordinarily when the top court is seized of the matter, subordinate court must desist from passing orders in such matters.
Pointing to the “lack of the fairness in the proceedings” of the Civil Judge (Senior Division), Varanasi, Ahmadi said that orders have been passed ex-parte and the May 16 order was passed on an application of the plaintiff even when court appointed local advocate commissioner was conducting the survey and had yet to file his report as ordered by the trial court.
Solicitor General Tushar Mehta appearing for Uttar Pradesh government said raising questions on the fairness of the proceedings of the lower court amounted to casting aspersions, Ahamdi retorted back that he was stating facts and not casting aspersions.
He sought stay of all orders passed by the Varanasi trial court. “These orders are not good on the ground of jurisdiction. These orders whereby the commission etc. have been appointed must come to a standstill. The status quo as it existed on the date of suit should be maintained. All orders are illegal,” he submitted.
The petition has challenged the three order of the Varanasi court ordering the survey of the Gyanvapi Masjid– Shringar Gauri Temple Complex, appointing a local advocate as court commission to conduct survey and May 16 order on protecting the area and restricting activities including number of Muslims visiting the mosque.
Solicitor General Tushar Mehta appearing for Uttar Pradesh government said raising questions on the fairness of the proceedings of the lower court amounted to casting aspersions, Ahamdi retorted back saying that he was stating facts and not casting aspersions.
