Gyanvapi Case: Supreme Court Says Secure 'Shivling', Allow Namaz; Owaisi Reacts
A Varanasi court directed that a spot in the mosque complex be sealed after a 'shivling' was claimed to be found
Gyanvapi Mosque Hearing Live News
(Photo: Altered by The Quint)
A Supreme Court bench of Justices DY Chandrachud and PS Narasimha on Tuesday issued notice and ordered the DM of Varanasi to ensure that the area where the shivling is indicated to be in the impugned order to have been found shall be duly protected, without any restrain to the access of muslims to the mosque.
Meanwhile, a local Varanasi court removed Advocate-Commissioner Ajay Kumar Mishra from his post for leaking information from the survey to the media.
On Tuesday, the Varanasi court directed that a spot in the mosque complex be sealed after it was claimed by a court-appointed advocate commissioner that a shivling was found during the said survey.
Varanasi court had ordered the survey on petitions moved by five Hindu women
Petitioners asked for year-long access to pray at a Hindu shrine behind the western wall of the mosque complex
Hindu prayers were currently permitted once a year at the spot
Places of Worship (Special Provisions) Act, 1991, bars conversion of places of worship
'Hope SC Will Completely Stay Varanasi Court's Order': Owaisi
"We're hopeful the Supreme Court will do complete justice as grave procedural unfairness happened. Commissioner didn't give report to lower court judge, petitioner moved application and before notice was given to Muslim side, judge passed order to protect area and limiting namazis to 20," AIMIM chief Asaduddin Owaisi said, ANI reported.
He added, "The order is unfair, we hope the SC will completely stay the order and recognise unfairness in ignoring the 1991 Places of Worship Act, Allahabad HC order and sealing without hearing the other party. The order of the trial court was wrong, unfair and illegal."
'Not Done Anything That Reveals Secrecy of Matter': Former Court Commissioner Ajay Mishra
Reacting to his removal, Former Court Commissioner Ajay Mishra said, "I've not done anything that reveals the secrecy of the matter. I was removed because of the allegations of Advocate Vishal Singh. I will respect the Court order. Whatever has happened is only because of Vishal."
Gyanvapi Like Incidents Stirred by BJP as They Don't Have Answer to Inflation & Unemployment: Akhilesh
Commenting on the matter, Samajwadi Party chief Akhilesh Yadav said that Gynavapi-like incidents are being stirred up by the BJP itself or by their aides behind veil.
"Fuel and food amenities are getting expensive. They don't have answer on inflation and unemployment. BJP has hate calendar to bring up such issues until elections," the SP chief said, according to ANI.
'Varanasi Court Has Granted Two Days Time to Submit the Report': Assistant Court Commissioner Ajay Pratap Singh
Meanwhile, Assistant Court Commissioner Ajay Pratap Singh told ANI UP that the court has granted two days time to them to submit their repot.
He also claimed that Ajay Kumar Mishra was removed from the post of advocate commissioner because he was not cooperating.
The Supreme Court Passes Interim Order
Issuing notice in the pleas challenging a Varanasi court order in the Gyanvapi mosque order, the Supreme Court on Tuesday said:
The matter has been fixed for further hearing on Thursday.
More From the SC Hearing...
On Justice Chandrachud’s suggestion that they will issue notice, keep a short date and in the meantime, issue direction that the District Magistrate will ensure that the place where the “shivling” is found is protected without restricting the right of Muslim people to offer Namaz, the Solicitor General said:
“Wuzukhana is where people wash face, hands and legs, and there is a separate place for prayers. If the magistrate thinks there is something of great significance to decide the suit then there must be difficulty.”
To this the top court said:
“Where is the shivling? Even the magistrate has not seen it. We can clarify that the order is only in terms of what follows thereafter.”
On being asked by the Solicitor General “what if someone destroys the shivling”, the apex court suggested:
““If there is a shivling found at the spot, the DM will ensure that part of the mosque is protected, without interfering with the muslim’s right to offer namaz.”
Advocate-Commissioner Ajay Kumar Mishra Removed From His Post
Advocate-Commissioner Ajay Kumar Mishra was removed from his post appointed by the court, according to ANI UP.
'If You Seal the Premises You are Altering the Status Quo': Counsel for Masjid Committee
“These kind of orders (like Monday’s) hold grave potential for mischief,” counsel for the masjid committee said.
“This Court categorically held that the religious character of a place as on August 15, 1947 cannot be tinkered. These kind of orders hold grave potential for mischief.”
He also asked, with regard to Monday’s order: “How do you seal the premises?”
“If you seal the premises you are altering the status quo,” he added.
A local court in Varanasi had ordered sealing of a spot in the mosque where a 'shivling' was allegedly found.
'There is a Prayer Seeking Declaration That Plaintiffs Are Entitled to Do Pooja, Darshan etc': Counsel for Masjid Committee
Agreeing with Justice Chandrachud that this is a suit for worship, Senior Advocate Huzefa Ahmadi, counsel for Masjid Committee, said:
"But there is a prayer for declaration too seeking to declare that plaintiffs are entitled to do pooja, darshan etc of visible & invisible deities.”
“Second prayer is for injunction against obstruction,” he pointed out.
Hearing begins in Supreme Court
A Supreme Court bench of Justices DY Chandrachud and PS Narasimha begin hearing petitions by the Committee of Management Anjuman Intezamia Masjid challenging a survey ordered by a Varanasi court in the Gyanvapi mosque complex on Tuesday.
SC to Hear Gyanvapi Mosque Petitions in 5 Mins
The apex court is slated to hear the petitions challenging the Gyanvapi Mosque survey in 5 minutes.
‘Have Given Application to Prove Shivling, Our Demand is Allow Entry’: Lawyer
“We have given an application to prove that it was Shivling. Our demand is that the underground cell in front of 'Nandi' & temporary structure under 'wazu khana' should be removed to open the door & allow entry.”
“Court will give a decision,” he added.
Will File the Report Whenever Court Fixes a Date: Court-Appointed Special Assistant Commissioner
Advocate Vishal Singh, the Court-appointed special assistant commissioner, told ANI UP that their report is almost ready and that “we will file the report whenever the court fixes a date.”
“Both sides have agreed that commission proceedings were fair,” Singh added.
He also informed that their commission filed an application seeking to be granted two more days to submit the report.
“Court will give a decision on it after some time,” he said.
Meanwhile, ANI cited Advocate Shivam Gaur, counsel for one of the petitioners as saying that the hearing has been completed and the court will decide how much time will be given for filing of the survey report at 4 pm.
Varanasi Court Likely to Pronounce Order at 4 pm
A Varanasi court is likely to pronounce its order at 4 pm on Tuesday, 17 May in a plea by Special Advocate Commissioner Vishal Singh seeking a minimum of two days to prepare a commission report in the Gyanvapi mosque case.
‘A Few Are Trying to Divide People’: Congress Leader Kharge on Gyanvapi Matter
News agency ANI quoted Congress leader Mallikarjun Kharge as saying:
Varanasi Court to Hear the Matter at 2 PM: Assistant Court Commissioner
Confirming that the petition has been filed seeking two days to file the commission report, Assistant Court Commissioner Ajay Pratap Singh told ANI that the matter will be heard by a Varanasi Court at 2 pm.
'The Purpose of the Places of Worship Act...': Ex-Chief Justice of Allahabad High Court Explains
“The Places of Worship (Special Provisions) Act,1991, was introduced as a measure to provide and develop glorious traditions of love, peace, and harmony,” former Allahabad High Court Chief Justice Govind Mathur wrote in his piece for The Quint.
Read his full article here.
Spl Advocate Commissioner Seeks 'Minimum' 2 Days to File Report
As the deadline fixed by a Varanasi court for submitting the survey report in the Gyanvapi mosque case ended on Tuesday, 17 May, Special Advocate Commissioner Vishal Singh sought a minimum of two days to prepare a commission report, reported ANI.
What Does the Places of Worship (Special Provisions) Act, 1991 Say?
Section 3 of the Act bars conversion of places of worship.
This means that no person shall convert any place of worship of any religious denomination into a place of worship of a different religious denomination.
Conversion, under section 2(b), “with its grammatical variations, includes alteration or change of whatever nature.”
Section 4 of the same Act declares that "the religious character of a place of worship existing on the 15th day of August, 1947" shall continue to be the same as it existed on that day. This basically means that if a building was a temple on 15 August 1947, it cannot be turned into a mosque in the future and vice versa.
The singular exception to these provisions, as stated in section 5 of the Act, was the Ram Janma Bhumi-Babri Masjid conflict.
Read more about it here.
All India Majlis-E-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi is of the view that the Varanasi court’s survey order is in violation of the Places of Worship Act.
Puranas Mention in Detail 'Jyotirling' at 'Gyanvapi Temple': President of Shri Kashi Vishwanath Temple Trust Council
Nagendra Pandey, President, Shri Kashi Vishwanath Temple Trust Council was quoted by ANI UP on Tuesday as saying:
“The Puranas clearly mention in detail about Gyanvapi Temple and a 'Jyotirling' placed there. There is no doubt that the present-day Gyanvapi mosque was a part of the temple complex mentioned in our scriptures.”
Advocate Commissioner Will Seek Time From Court to Submit Report Today: Assistant Adv Commissioner
“Advocate commissioner will seek time from court to submit report today," said Ajay Singh, Assistant Advocate Commissioner, on Tuesday.
'Be in Court': SC Tells Counsel of Hindu Sena President
Counsel of Hindu Sena President Vishnu Gupta has been told by Justice Chandrachud to be in court, on his request for his intervention application to be taken up with the main plea challenging the survey (item number 40).
'Survey Report Nearly Complete, Trying to Submit in Time': Varanasi Court-Appointed Special Assistant Commissioner
"The survey report is nearly complete and we are trying to submit the report to the (Varanasi) court in time," news agency ANI cited Advocate Vishal Singh, the court-appointed special assistant commissioner as saying.
Hindu Sena Files Plea in SC to Intervene in the Matter
The Hindu Sena has filed a plea in the Supreme Court to intervene in the matter of the plea seeking a stay on the Gyanvapi mosque survey, according to ANI.
Official Says ‘Survey Report Can’t Be Submitted Today’: Report
As the deadline for submitting the report ends, an official on Tuesday morning was cited by Hindustan Times as saying that "Gyanvapi mosque survey report can't be submitted today”.
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