Breaking: SC Adjourns Gyanvapi Mosque Case To Tomorrow, Plaintiff Undertakes Not To Proceed With Suit Proceedings Till Then
The Supreme Court today adjourned the Gyanvapi Mosque case to tomorrow. The Court recorded the submission of the Advocate for the Plaintiff in the Varanasi Court that Plaintiff will not proceed with the suit proceedings till tomorrow.
The Bench comprising of Justice D. Y. Chandrachud, Justice Surya Kant and Justice P. S. Narasimha said that the matter will be listed at 3 pm tomorrow before the same three-judge Bench.
The matter was mentioned by Advocate Vishnu Shankar Jain. He submitted that his senior, Advocate Hari Shankar Jain is unwell and will be able to attend the Court tomorrow.
Senior Advocate Huzefa Ahmadi for the appellant submitted that there is urgency in the matter since similar matters are pending in other parts of the country. He also submitted that the trial court is proceeding with the matter and that an application has been filed for the demolition of certain structure.
On Tuesday a Bench of Justice Chandrachud and Justice Narasimha had issued notice to all the parties and had directed the District Magistrate, Varanasi to secure the area where Shivling was found. The Court had also clarified that Muslims can access the Masjid to offer Namaz and perform other religious observances.
The Court had adjourned the matter to today for Advocate Hari Shankar Jain, who had appeared for the Plaintiff in Varanasi Court to appear. He had not appeared on Tuesday and the Court was informed that he is hospitalised. None had appeared before the Supreme Court for the Plaintiff on Tuesday.
On Tuesday, the State of Uttar Pradesh had submitted before the Court that the Shivling and the area where it was found should be protected. Solicitor General Tushar Mehta told the Court that since the Shivling is said to be found at the Wuzukhana of the Mosque, "if someone touches with feet, there will be law and order problem".
The Special Leave Petition before the Supreme Court filed by the Committee of Management of Anjuman-e-Intezamia Masjid Varanasi challenges the order passed by Allahabad High Court dismissing the challenge to the Varanasi District Court's order appointing Advocate Commissioner for conducting a video survey of the Gyanvapi-Shringar Gauri complex.
On the last day of the survey, it was submitted before the Varanasi District Court that a Shivling has been found inside the Mosque. The District Court ordered the District Magistrate Varanasi that the place where Shivling was found be sealed immediately and that the District Magistrate, Police Commissioner and the CRPF Commandant, Varanasi were directed that the security of the sealed premises would be their personal responsibility.
Hindu Sena had filed an application in the Supreme Court seeking intervention in the matter before the Supreme Court stating that the Places of Worship Act, 1991 does not apply to the Gyanvapi Mosque because it falls within the preview of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. Though the Court did not allow the application, the Counsel for the intervenor was asked by the Court to remain present when the matter is heard. They had subsequently filed a counter-affidavit.
