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Synopsis

The Supreme Court on Monday said that it will pass official orders on whether "Wuzu", an Islamic Practice can be performed at the disputed Gyanvapi site, where a mosque stands, on Friday, i.e. the 21st of April.

Upon the assurance of the Solicitor General of India (SG) Tushar Mehta that a meeting will be held with concerned parties tomorrow to deliberate on a solution, the bench comprising CJI DY Chandrachud, Justices PS Narasimha & JB Pardiwala put up the plea of the Committee of Management Anjuman Intezamia Masjid later in the week. The plea had sought performance of Wuzu on the disputed site and access to toilets during the month of Ramadan.

"The Wuzu was being held at the fountain area. There were washrooms there too. But now the entire area has been sealed," the committee told Supreme Court.

"The order has already been passed and it is being complied with and I have no issues if the authorities want to take care of the same," the Solicitor General said upon being asked for a solution by the Chief Justice.

SG informed top court that the area where Wuzu has been sought is also where the Shivling exists and that it may create a problem if an order is passed without deliberations. After the committee's lawyer, Huzeifa Ahmedi told Court that even mobile toilets will be enough, SG stated that even in that case maintaining the sanctity of place is of utmost importance.

"The problem is that the area where wuzu performance is being sought has the Shivling and that may create an issue," SG said

"We are fine with mobile toilets also," said Ahmedi.

At this juncture, the CJI dictated the order and listed it for official orders on April 21.

The Supreme Court last year, had extended indefinitely, the interim protection for the area where a Shivling was found at the disputed site of Gyanvapi at Varanasi.

On May 13, a Varanasi Local Court had the ordered the District Magistrate, Varanasi to seal the place where the 'Shivling' had been found. The Court also placed personal responsibilities on the District Magistrate, Police Commissioner, and CRPF Commandant of the city to protect and secure the sealed place. 

On May 17, the top court upheld the Varanasi Court's order but modified it to the extent that the local court's direction in any manner, will not restrain 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.

Case Title: Committee of Management Anjuman Intezamia Masajid Varanasi Vs Rakshi Singh