The Supreme Court on Thursday directed a Varanasi Civil court not to proceed with hearing the Gyanvapi case even as Special Court Commissioner Vishal Singh on Thursday submitted the report of the videography and survey of Gyanvapi mosque complex in the court of Civil Judge (Senior Division) Ravi Kumar Diwakar. The SC will hear the matter on Friday.
A bench of Justices DY Chandrachud, Surya Kant, and PS Narashima was informed by advocate Vishnu Shankar Jain that lead counsel Hari Shankar Jain for the Hindu devotees in the civil suit is indisposed for Thursday as he was discharged from hospital on Wednesday.
“We accordingly direct the trial court to strictly act in terms of the above arrangement and to desist from taking up further proceedings in the suit in view of the consensus which has been arrived at between the parties,” the bench said in its order.
The bench directed for the listing of the matter before it on May 20 at 3 pm and said the Registry may seek the administrative directions of the Chief Justice of India so that the bench may be constituted.
Advocate Jain mentioned the matter and urged the court to hear it on Friday.
Senior advocate Huzefa Ahmadi, appearing for the Committee of Management Anjuman Intezamia Masjid, said several applications have been filed across the country to “seal” various mosques, and in the Gyanvapi case in Varanasi, the hearing is going on and an application has been filed to “demolish” a wall around the “wazukhana” (ablution room).
Ahmadi said he cannot oppose adjournment on the grounds of the health of a counsel but an undertaking should be given that Hindu devotees will not proceed with the civil court proceedings.
He said it is necessary that the trial court which is continuing to hear the proceedings today may desist from doing so until this court takes up the proceedings on Friday.
The report of the survey submitted in the civil court allegedly supports the claim of Hindu petitioners claiming the presence of Hindu idols and symbols inside the Gyanvapi mosque. The Pioneer could not independently verify the report which went viral in the media and claimed that the pillars in the basement of the mosque have engravings of flowers and a “kalash” (pitcher). The report also allegedly mentioned carvings in “ancient Hindi language” on a pillar in the basement besides the symbol of a “Trishul” on a wall of the basement.
A conical structure besides remnants of temples allegedly exists below the central dome of the mosque, as per the report.
A stone below the third dome of the mosque reportedly has lotus engravings. The report also talked about the presence of a round structure of 2.5 feet height in the pond in the mosque complex used for “wazoo” (purification ritual before namaz). Petitioners call it a “shivling” but the mosque committee says it was a fountain.
Advocate Jain said they are assuring the bench that the Hindu parties would not proceed with the hearing before the civil court at Varanasi and would not press any further until the court takes up the matter on Friday.
The bench noted in its order that the proceedings have been mentioned by advocate Jain, who appears on behalf of the original plaintiffs, namely, the first to fifth respondents (female Hindu devotees who have filed the suit) in the proceedings before this court under Article 136 of the Constitution.
On May 17, the top court had directed the District Magistrate of Varanasi to ensure the protection of an area inside the Gyanvapi-Shringar Gauri complex where a ‘shivling’ is said to have been found during a survey and allowed Muslims to offer ‘namaz’ and perform “religious observances”. “Balancing the equity”, the top court had while hearing a plea of the Committee of Management Anjuman Intezamia Masjid which manages Gyanvapi mosque in Varanasi, passed the order and refused to stay the ongoing proceedings before the lower court.
The apex court order had come after it was informed by Solicitor General Tushar Mehta, appearing for the Uttar Pradesh Government, that the plaintiff’s lawyer Hari Shankar Jain had suffered some cardiac issues and was hospitalised in Varanasi. The Muslim side has been referring to the Places of Worship (Special Provisions) Act, 1991 and its Section 4 which bars filing of any suit or initiating any other legal proceeding for a conversion of the religious character of any place of worship, as existing on August 15, 1947.
Meanwhile, the Varanasi court posted the next hearing on May 23 on the application filed by the advocates of the plaintiff demanding the demolition of the wall of room-like structure beneath the sealed wazu khana where a “shivling” is claimed to have been found during the survey. On the same day, the court will also hear the application moved by the district Government counsel to shift the fishes from the sealed wazu khana to safer place.
Special Court Commissioner Vishal Singh, along with Assistant Court Commissioner Ajay Pratap Singh, submitted the report of videography and survey conducted on May 14, 15 and 16 in the court of the Civil Judge Ravi Kumar Diwakar.
The court commissioners refused to divulge the details of the survey report to media persons but said it ran to 15 pages and covered the videography and survey of the inside area of Gyanvapi mosque complex, including the wazu khana where the shivling is claimed to have been found.
The court commissioners reportedly also submitted two 32 GB memory cards containing the videos and photographs taken during the survey and 70 annexure. They also reportedly submitted some evidence materials in some boxes in the court.
