Varanasi court removes Gyanvapi Mosque survey commissioner for leaking information
A Varanasi court on Tuesday removed Ajay Mishra as the advocate commissioner for leaking the Gyanvapi Mosque survey information. It gave a two-day extension to the survey commission to submit the report and directed Varanasi's District Magistrate to seal the spot at the mosque where a Shivling was allegedly found. Meanwhile, the Supreme Court heard the mosque management's plea against the court-mandated videography survey.
Why does this story matter?
This comes a day after a Shivling was found inside the mosque complex, following which the Varanasi court ordered to seal the area. However, SM Yasin—joint secretary of the Anjuman Intezamia Masjid (AIM)—vehemently disputed the Shivling claim, saying the object was part of the fountain mechanism at the wuzukhana used for ablutions. The mosque complex's three-day court-ordered videography survey was completed on Monday.
Survey commission seeks two days to submit report
Meanwhile, the commission sought two more days to submit the Gyanvapi Mosque survey report. "A petition has been filed seeking a two-day time to file the commission report," Assistant court commissioner Ajay Pratap Singh said on Tuesday. Special commissioner advocate Vishal Singh, who previously claimed the report would be submitted in time, also now sought at least two days to prepare the report.
AIM's lawyer seeks stay on all trial court orders
On the other hand, senior advocate Huzefa Ahmadi—representing AIM's management committee in the SC—sought a stay on all the orders of the trial court, including the appointment of a commissioner, ANI reported. Citing the Places of Worship Act's Section 3, Ahmadi said, "The premises cannot stay sealed and the orders are illegal. If premises are sealed, there is an alteration of the status quo."
Muslim side questions lower court's order to seal area
The Muslim side also questioned the manner in which the Varanasi court ordered an area inside the mosque complex to be sealed when the survey committee's report had not been submitted yet. "How did the court proceed based on the submission of the other party and seal the place? Look at the way the orders are passed," the Muslim petitioners told the Supreme Court.
'Where exactly was the Shivling found?' SC asks
Meanwhile, the SC asked the Varanasi administration the exact spot where the Shivling was found inside the Gyanvapi Mosque complex. Solicitor General Tushar Mehta, representing the Uttar Pradesh government, replied they hadn't seen the report yet and sought time till Wednesday. The SC asked Varanasi's District Magistrate to protect the area where the Shivling was found without impeding Muslims from coming to offer namaz.
What the SC bench said
The SC bench of Justices DY Chandrachud and PS Narasimha will hear the matter again on Thursday. The court said that the Varanasi DM "has to ensure that area where the Shivling [is allegedly present] is protected without affecting the right of Muslims to enter and worship." However, it also brushed aside repeated pleas for a stay on proceedings before the trial court.
The Places of Worship Act, 1991, is upheld by SC
Notably, the Supreme Court has consistently upheld the Places of Worship (Special Provisions) Act, 1991, while granting an exception only in the Babri Masjid-Ram Janmabhoomi case, stating in the judgment itself that the law would apply in all the other cases.
Court allowed survey on Delhi-based women's petition
To recall, in April 2021, five Delhi-based women sought permission from a Varanasi court for year-long, daily worship of deities Shringar Gauri, Lord Ganesh, Lord Hanuman, and Nandi in the mosque complex. Currently, devotees are allowed to worship Shringar Gauri there only on the fourth day of Chaitra Navratri. Later, in April 2022, the court ordered a survey and videography by the court commissioner.
Controversy began in 1991 after petitions against mosque
Back in 1991, lawyer Vijay Shankar Rastogi filed a petition in a Varanasi court as the "next friend" of the Kashi Vishwanath Mandir's presiding deity. Rastogi had argued Maharaja Vikramaditya built a temple 2,050 years ago on the site where the Gyanvapi Mosque stands. Other petitioners claimed Aurangzeb built the mosque in the 17th century by removing a portion of the Kashi Vishwanath Mandir.
What all has happened in the matter since 1991?
The 1991 Gyanvapi case was on hold for several years until the Allahabad High Court suspended the hearing. However, the case resurfaced in 2019 following the Supreme Court's decision in the Babri Masjid-Ram Janmabhoomi case. The Allahabad HC's decision was based on the Places of Worship Act, 1991, forbidding any changes to a worship place's religious character as it was on August 15, 1947.
