The Supreme Court on Tuesday was hearing the appeal by Mosque Committee against permission granted for a survey to be conducted at the disputed Gyanvapi structure. Senior Counsel Huzefa Ahmedi, who was representing the Muslim side before the bench led by Justice DY Chandrachud argued that while no report was filed before the trial court, an application was filed saying that Shivlinga was found at the washing up area on the premises of the disputed structure.
Ahmedi argued that under the garb of the survey commission proceedings, Muslims were restricted entry into the mosque. To this, Justice Chandrachud said that this was not the relief which was granted, but the premises were sealed where what is claimed to be Shivling is found.
While arguing that the Shivling so found was nothing but a fountain, Ahmedi said, “This is a fountain, they say the fountain was drained out and they say from the head of the fountain they saw Shivling. Wazukhana has been used since time immemorial.”
Order: Forth the above direction shall not in any manner shall restrict or impede the right of the Muslims to use the Mosque for religious purposes.
— LawBeat (@LawBeatInd) May 17, 2022
Justice D Y Chandrachud pronounced an order extending that the Varanasi DM shall ensure that the area where the Shivling is reported to have been found shall be duly protected. It also maintained that the order in any manner should not restrict or impede the right of the Muslims to use the Mosque for religious purposes. The order passed by Justice DY Chandrachud is returnable on Thursday, May 19, until the next hearing takes place on the same day.
Ahmedi: The use of Wazu as well milords.
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DYC J: We have not gone into that at all. We are holding this balance till the next date of hearing. #GyanvapiMosque
Ahmedi: We are objecting to the maintainability of the suit itself.
Ahmedi then insisted on allowing the usage of the Wazukhana to the Muslim side. It is to be noted that Wazukhana is a place where namazis who visit the mosque to offer prayer wash their hands and legs, and wash their mouths before the prayer. Responding to Ahmedi’s concerns, Chandrachud responded that the area where the alleged Shivling is found will be protected, while allowing Muslims to offer Namaz at the so-called mosque.
Justice Chandrachud also asserted that protecting the Shivling area while allowing Muslims the access to the mosque is the ‘balance’ they can have for now.
It is notable here that despite knowing that the Gyanvapi structure is built on the site of a former Hindu temple and now the Shivling having been found there, the Muslim side wanted to keep using the site for washing their feet and hands, and washing their mouths.
The matter is placed for a further hearing on Thursday, May 19, 2022.
