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Synopsis

A Supreme Court bench of Justices Chandrachud, Surya Kant and Narasimha today adjourned the plea by the Gyanvapi Mosque committee challenging the survey of the Gyanvapi complex.

Court indicated that it will await the decision of the Varanasi court on the maintainability of the civil suit filed by the 5 Hindu women for the performance of Hindu worshipping rituals to the deities residing, visibly and invisibly, inside the Gyanvapi complex.

The case is now likely to come up on October 20, 2022. 

When the plea came up for hearing, the bench observed that the entirety of the proceedings is dependent on the outcome of the Varanasi District Judge's decision on the maintainability of the suit.

Regarding the survey commissioner's report, the court observed that all the parties are entitled to file objections to the same. The bench, thus, queried the counsels as to why the proceedings before the Supreme Court must be kept pending. 

Huzefa Ahmedi, Sr. Adv, appearing for the Mosque committee, argued that they object to the order directing the commission's survey. He submitted that "it is like a fruit from a poisonous tree, if the order appointing commissioner is set aside, everything goes."

The court, however, opined that these issues can be raised before the District Court. Ahmedi retorted to this saying that the commission report has led to altering the status quo of the place of worship and the High Court has said that it's innocuous. 

Ahmedi submitted to the court that when serious issues, such as this, are tried before a court, there was no reason to appoint the commissioner without informing the other side. He said, "There is a domino effect in the country where such applications are being filed."

Ahmedi argued that the reports of the commissioner are being used to create a perception and the Supreme Court will have to analyse the correctness of the order appointing the commission.

The court, on hearing the submission, ordered that the proceedings filed by the Gyanvapi Mosque committee challenging the survey of the disputed site be kept pending till the maintainability of the civil suit by the Varanasi District court is decided.

The court also refused to entertain a plea seeking worship of the Shivlinga, alleged to have been found at the site. The court, furthermore, refused to entertain a plea seeking carbon dating and a GPS survey of the Shivalinga. 

On the last date of hearing, the court had directed that the Civil Suit pertaining to the Gyanvapi dispute be transferred from the court of Civil Judge Senior Division Varanasi to the court of District Judge for further proceedings. The court directed that all interlocutory and ancillary proceedings be decided by District Judge.

In its order, which the Supreme Court dictated (official order yet to be uploaded), stated that adequate arrangement for observance of "Wuzu" at the disputed site, if not already made is to be effectuated by the District Magistrate in consultation with parties.

The court had further held that the interim order it had passed on May 17, 2022 which protects the area where Shivlinga has been found will continue till the objection to maintainability of the suit filed by the Mosque administration is decided by the district court and will continue for 8 weeks after that.

Earlier in May, while upholding the order of the Varanasi court to protect the area where the indicated Shivling has been found, the Top Court 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.

Earlier, the Supreme Court had refused to issue directions for maintaining the status quo on the survey of the Gyanvapi-Shringar Gauri complex at Varanasi.

The Court had refused to pass an interim order to put on hold, the process of inspection, conduct of videography and collection of evidence regarding the alleged existence of Hindu deities inside the Gyanvapi Mosque complex located next to the Kashi Vishwanath temple.

Before this, a Varanasi court had allowed the court-appointed commissioner Ajai Kumar Mishra to inspect, conduct videography and collect evidence regarding the alleged existence of Hindu deities inside the Gyanvapi Mosque complex located next to the Kashi Vishwanath temple.

The developments are taking place in the suit filed by 5 women seeking the performance of all rituals of Maa Shringar Gauri, Lord Ganesha, Lord Hanuman & other deities within the "old temple complex" allegedly existing inside the mosque site.

During the hearing of this suit, the Civil Court had appointed an Advocate Commissioner to survey the disputed Gyanvapi site and submit his report. The report was submitted before the civil Court on May 19.

The arguments on the maintainability of the suit before the trial court commenced on July 4, 2022. The Muslim side has concluded the arguments while the Hindu side is making the submissions. 

Case Title: Committee of Management Anjuman Intezamia Masajid Varanasi Vs. Rakhi Singh & Anr.