SC rejects plea to stall Kashi work, restore KVT-Gyanvapi common wall
WORD OF CAUTION Court advises petitioners not to take any step that could disrupt peace in the ancient city
COUNSEL FOR THE
PETITIONERS SAID THE DEMOLITION OF HOUSES AROUND THE TEMPLE COMPLEX WAS BEING DONE IN THE GARB OF MODERNISATION.
NEWDELHI: The Supreme Court on Friday rejected a plea to stall the ongoing development work in Varanasi and restore the common boundary wall of the Kashi Vishwanath temple-Gyanvapi Masjid. The court advised the petitioners not to take any steps that could disrupt peace in the ancient city.
The petitioners – Jitendra Nath Vyas (who has rights to worship in the temple) and Moulana Abdul Batin Nomani of Gyan Vapi mosque – approached the top court against the district administration’s move to pull down the boundary wall on October 25, claiming the destruction has far-reaching “adverse consequences for peace, harmony and tranquility existing between the two communities for decades.”
The two religious shrines stand next to each other inside a common compound called the Gyanvapi compound and the respective sides have entered into various agreements and memorandum of understandings (MoUs) for the maintenance and upkeep of the complex, the petitioners told the top court.
However, a bench of justice Arun Mishra and justice Vineet Sharan found no merit in the petition and said it was based on their (petitioner’s) apprehension.
“For the last 30 years, it (Varanasi) has been a peaceful place. Do not disturb it with this kind of litigation. This may cause more sensation than peace. Notice on such matters could sensationalize the issue,” they said.
Counsel for the petitioners, senior advocate Raju Ramachandran, said the demolition of houses around the temple complex was being done in the garb of modernisation.
“I am not putting it on an alarmist footing. The two communities have come together only asking that we be told what is the plan for securing this premises (Gyanvapi compound) because two premises would be vulnerable and insecure if, apart from the five gates, any other access opens.”
Justice Mishra said: “As far as the Gyanvapi mosque is concerned it is protected by 20-feet high iron girders. Parinda bhi par nahi mar sakta ( it is so secure). The force there is so much that nobody can dare to look at it. What are your apprehensions about?”
The judge was also critical at the role of the petitioner. “This Vyas is doing this nonsense and mischief at the cost of the temple. As is apparent, certain houses have been acquired for the development project.” At this, justice Vineet Sharan asked Ramachandra that if the petitioners were keen to see the plan, they could approach the authorities.
“They will never touch it (mosque),” justice Mishra added, giving liberty to the petitioners to approach again.
Solicitor general Tushar Mehta also sought to dispel the apprehensions. “Varanasi is the oldest city in the world. We are not acquiring houses but purchasing them at double the price to construct a corridor, which is in the larger public interest.” The law officer said the authorities were willing to share the development plan with the petitioners, as and when it is ready.
Varanasi also happens to be the parliamentary constituency of Prime Minister Narendra Modi. The petitioners termed the demolition of “age-old boundary wall” as illegal. In their petition, filed through advocate Fuzail Ayyubi, it was stated the (breach in the) wall had exposed the Sringara Gauri, where Vyas conducts an annual religious ceremony, and the mosque behind it.
“Breaching the protected boundary wall raises serious apprehensions with regard to the entire Gyanvapi Area. Immediate attention is required due to the grave security threats raised in light of the constant destruction and construction being carried out without consent.
It also infringes on the customary and religious rights of both Hindus and Muslims,” read the petition.