Gyanvapi: SC asks Varanasi collector to hold meet on plea for ‘wuzu’ arrangement
The Supreme Court asked the Varanasi collector to work out a ‘congenial arrangement’ on the Gyanvapi mosque management committee’s plea for ‘wuzu’ arrangement
The Supreme Court on Monday directed the Varanasi district collector to convene a meeting on Tuesday for working out a “congenial arrangement” on the Gyanvapi mosque management committee’s plea for arrangement for ‘wuzu’ (ablution) during Ramzan prayers near the section in the mosque complex where a Shivling was stated to have been found during a survey last year.
A bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said that the district collector will convene a meeting with the representatives of the mosque management committee and other stakeholders on Tuesday.
The bench, which also comprised justices PS Narasimha and JB Pardiwala, said that the matter will be taken up again on Friday when appropriate directions on arrangement for ‘wuzu’ will be passed.
Senior counsel Huzefa Ahmadi, representing the Anjuman Intezamia Masjid Committee that manages the Gyanvapi mosque, cited heavy rush during Ramzan as he requested for further arrangements for performing ‘wuzu’.
Ahmadi, assisted by advocate Fuzail Ahmad Ayyubi, said that even a mobile washroom and toilet would serve the purpose. The lawyer pointed out that the previous court orders have already asked the district administration to ensure proper arrangements for ‘wuzu’ and he was only seeking suitable implementation of these directives in view of Ramzan.
Solicitor general (SG) Tushar Mehta, appearing for the Uttar Pradesh government, said that the representatives of the mosque management committee could have a meeting with the district collector so that proper arrangement could be made. The SG added that the place of ablution will have to be suitably determined in view of the religious sensibilities of the other community (Hindus) involved too.
{{/usCountry}}Solicitor general (SG) Tushar Mehta, appearing for the Uttar Pradesh government, said that the representatives of the mosque management committee could have a meeting with the district collector so that proper arrangement could be made. The SG added that the place of ablution will have to be suitably determined in view of the religious sensibilities of the other community (Hindus) involved too.
{{/usCountry}}To this, the bench said that all the parties should sit together and come up with a proper working arrangement, and the court could then pass an order by consensus of all the parties.
{{/usCountry}}To this, the bench said that all the parties should sit together and come up with a proper working arrangement, and the court could then pass an order by consensus of all the parties.
{{/usCountry}}The top court is currently seized of a petition filed by the mosque committee in May, opposing the suit of five Hindu women who demanded an unhindered right to worship Maa Shringar Gauri Sthal, a shrine for goddess Parvati allegedly located behind the western wall of the mosque complex.
{{/usCountry}}The top court is currently seized of a petition filed by the mosque committee in May, opposing the suit of five Hindu women who demanded an unhindered right to worship Maa Shringar Gauri Sthal, a shrine for goddess Parvati allegedly located behind the western wall of the mosque complex.
{{/usCountry}}The committee claims the suit is barred by the provisions of the 1991 Act, which locks the position or “religious identity” of any place of worship as it existed on August 15, 1947. The committee had appealed against the April 2022 order of the Allahabad high court allowing the survey.
By an order in May 2022, the top court protected the area where the Shivling was said to have been found after a Varanasi civil court allowed a videographic survey of the mosque complex adjacent to the Kashi Vishwanath temple. The Hindu petitioners claimed the Shivling was found close to the ‘wuzukhana’, a small reservoir used by Muslim worshippers to perform ritual ablutions before offering namaz.
At the same time, the top court in last May allowed offering of namaz inside the mosque complex and directed the local administration to ensure proper arrangements for ‘wuzu’.
By its May 2022 order, the Supreme Court also transferred the suit filed by the Hindu women from the Varanasi civil judge to the district judge for deciding the mosque committee’s objections against the inquiry. It asked the district judge to first decide on the maintainability of the suit. Ascertainment of the religious character of a place may not be barred by the Places of Worship Act, 1991, the court observed on that day, as it refrained from interfering with the Gyanvapi mosque survey.
The Varanasi district judge rejected the mosque committee’s objections to maintainability on September 12, 2022, and decided to proceed with the suit. The committee has challenged this order before the Allahabad high court, which is yet to rule on the appeal.