Protect ‘Shivling area’ but allow namaz: SC

NEW DELHI: The Supreme Court on Tuesday ordered that a section of Varanasi’s Gyanvapi Masjid complex where a “Shivling” was ostensibly found shall remain protected until further orders but Muslims will have the right to offer namaz in the mosque without any hindrance, observing that it was “aware of the sensitivities of the matter”.

The decades-old dispute reached a tipping point this week when Hindu petitioners claimed the recovery of a Shivling in a ceremonial ablution tank in the complex — a contention that the Muslim side rejected, saying the object was part of a fountain.

“If a Shivling is found, we have to maintain a balance. We will direct the district magistrate to ensure protection of the place without restricting Muslims from entering and offering namaz and other religious observances,” said a bench of justices Dhananjaya Y Chandrachud and PS Narasimha while hearing a petition by the managing committee of the Gyanvapi mosque.

In its plea, Anjuman Intezamia Masjid Committee, which manages the Gyanvapi mosque, pressed for a stay of the proceedings before the Varanasi civil judge, on whose orders a day-today survey was carried out to inspect, conduct videography, and collect evidence regarding the alleged existence of idols of Hindu deities inside the mosque located next to the Kashi Vishwanath temple.

The committee also complained that the Varanasi civil court order of Monday seemed to impose a complete ban on the entry of Muslims in the mosque premises and from offering namaz there.

The bench, however, did not entertain the request made repeatedly by senior counsel Huzefa Ahmadi, who represented the mosque managing committee, to suspend the proceedings before the Varanasi civil court until the top court decides the committee’s challenge to the validity of the survey.

“We have protected the spot where the Shivling was found. And we have clarified that this will not restrict the rights of Muslims. We think this is a balance...let us leave it at that... We are balancing everything. This is an interim arrangement,” the court told Ahmadi, who complained that the status quo has been disturbed by the order of the civil court.

The bench fixed the next hearing on May 19.