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Synopsis

CJI DY Chandrachud led bench of the Supreme Court today allowed an application seeking to clean out the water tank where the Shivling was found at the disputed Gyanvapi Mosque site.

The bench also comprising Justices JB Pardiwala and Manoj Misra has allowed the plea by the Hindu side, while noting that the same was not opposed by the Muslim side.

Allahabad High Court had earlier allowed an ASI survey/ scientific survey of the alleged Shivlingam found at Gyanvapi for evaluation of its age.

Supreme Court had on August 4, 2023 refused to stay the survey being carried out at the disputed Gyanvapi site by the Archeological Survey of India (ASI).

The Anjuman Intezamia Mosque Committee had approached the Supreme Court of India challenging the Allahabad High Court's refusal to interfere with the order of the Varanasi Court passed on July 21 directing the Archeological Survey of India (ASI) to conduct a survey of Gyanvapi without causing any damage. 

The impugned order of the district court was passed in an application filed in the suit pending before the local court for year-round permission to worship Hindu gods inside Gyanvapi.

It is the Hindu plaintiffs' claim that the structure found inside the Wazookhana of the mosque complex is a Shivalingam, however, the claim is being contested by the Muslim side who argue that it is actually a non-functioning old fountain. 

It is to be noted, on May 16, 2022, during a survey by the court-appointed commission, a Shivling-like structure was found inside the Wazookhana of the mosque complex. 

On the same day, Civil Judge (Senior Division) Ravi Kumar Diwakar passed an order to seal the disputed site at the complex. Thereafter, the matter reached the top court and a division bench while upholding the order of the Varanasi court to protect the area modified it to the extent that the local court's direction in any manner will not restrain the access of Muslims to the mosque or use of it for performing prayers and religious activities.

Case Title: Committee of Management Anjuman Intezamia Masajid Varanasi vs. Rakhi Singh