Gyanvapi mosque case Highlights: SC orders transfer of case to Varanasi district judge

Observing that the bench is on a joint mission to preserve a sense of unification in the country, the Supreme Court Friday said once the commission report on the Gyanvapi mosque case is out, there cannot be selective leaks. "We are here in a joint mission to preserve a sense of unification in the country. Once commission report is there, there cannot be selective leaks. Do not leak things to the press. Only judge opens the report," an apex court bench said while hearing the case.

Senior Advocate Huzefa Ahmadi appearing for the Muslim plaintiff said all these orders passed from beginning are capable of creating great public mischief, the Bar & Bench reported. "It's in teeth of an injunction passed by parliament," Ahmadi added.

"We cannot guide a District judge. Let them handle it, they have enough experience at the bench. We cannot command him to hear it in this way or that way," the Bar & Bench quoted the SC as saying.

Senior Advocate CS Vaidyanathan representing the Hindu side said, "Today the SLP is infructuous since all three orders have been complied with. Religious character of the mosque has to be decided. The commission report has to be seen by the court," Replying to the the SC said,  "We took your point, that is why entrusting it to a district judge."

Observing that a "slightly more mature" and "seasoned hand" should handle the Gyanvapi mosque case, the Supreme Court on Friday suggested that the matter be heard by a district court in Varanasi. "A slightly more seasoned and mature hand should hear this case. We're not making aspersion on trial judge. But more seasoned hand should deal with this case and it'll benefit all parties," an apex court bench said while hearing the case.

The Supreme Court is hearing an plea challenging the Allahabad High Court order permitting a court-appointed commissioner to inspect, conduct survey and videography of the Gyanvapi mosque in Varanasi to which Hindus and Muslims have laid claim for right to worship, the Bar & Bench reported.

The Allahabad High Court Friday adjourned a hearing of the Kashi Vishwanath temple-Gyanvapi mosque case till July 6. The HC was hearing a petition challenging the suit pending in the Varanasi court regarding the dispute.

As many as six petitions have been filed in the High Court over the matter. Advocate SFA Naqvi appearing on behalf of the petitioner said that the opposition is yet to file their response in the case. The petitioner has challenged the suit pending in Varanasi court, under the Places of Worship Act of 1991, said Naqvi. Read more

The Gyanvapi mosque management committee has asked devotees to come in smaller numbers for the Friday prayers as the wazu khana area has been sealed under the SC's orders. 

In view of the wazu khana area being sealed under the Supreme Court's order, the Gyanvapi mosque management committee, Anjuman Intizamia Masajid, asked people not to come in large numbers for the Friday prayers. For those coming, the committee asked them to perfom wazu at home. 

The Supreme Court is set to resume the hearing in the Gyanvapi mosque case today (May 20) after it had adjourned the matter for a day on the request of the plaintiffs from the Hindu side. 

On Thursday, deferring the case for a day, SC had asked the Varanasi court before which the proceedings are pending not to take any further action in the matter till then. A bench presided by Justice D Y Chandrachud said it will hear the matter at 3 pm Friday after it was told that Senior Advocate Hari Shankar Jain, who is representing the Hindu side before the Varanasi court and was indisposed on the last date of hearing, had been discharged from hospital only Wednesday.

Speaking to news agency ANI, Vishal Singh, the court-appointed special advocate commissioner said, "I have submitted my detailed report along with photographic and video evidence to the court. The order passed by the Supreme Court today (May 20) will have to be adhered to by all."

In this episode of Expresso News Update, we talk about the latest developments in the Gyanvapi mosque case. Two reports have been submitted to the Varanasi court which ordered the survey, which state that debris of temples and Hindu motifs were found inside the complex. Tune in!

Uttar Pradesh Deputy Chief Minister Brajesh Pathak on Thursday said AIMIM's leader Asaduddin Owaisi "wants to remain in news" by making statements on Gyanvapi mosque issue. 

However, Pathak did not comment on the Gyanvapi issue and said the "matter is in court and we will follow the order". 

When asked about the recent views of the All India Majlis-e-Ittehadul Muslimeen chief on the Gyanvapi mosque issue, Pathak said, "The AIMIM chief wants to remain in news by making such statements." (PTI)

In claims likely to deepen the Kashi Vishwanath-Gyanvapi row, two reports on a videography survey of the Gyanvapi mosque complex state that debris of old temples were found at the corner of the northern and western walls outside the barricading, and Hindu motifs such as bells, kalash, flowers and trishul were visible on pillars in the tehkhana (basement). 

The two reports have been submitted to the Varanasi court which ordered the survey. In his report conducted on May 6-7, Ajay Kumar Mishra, who was removed as the Advocate Commissioner on May 17, stated that debris of old temples were found at the corner of the northern and western walls outside the barricading, and structures of gods and goddesses and lotus were spotted. Read more

Samajwadi Party MP Shafiqur Rehman Barq on Thursday said the claimed discovery of a Shivling in Varanasi's Gyanvapi mosque complex was “false propaganda” and urged opposition parties to counter it.

The local MP said Hindus and Muslims should ensure that such propaganda is stopped as every mosque is now being seen with suspicion.

He asked why Muslims would keep a Shivling at their place of worship as this would be idol worship, which is against the Shariat.

Earlier this week, Hindu lawyers had claimed that a structure found in the `wazookhana' reservoir at the mosque during a court-ordered survey was a Shivling.

The mosque committee members disputed the claim, saying the structure was part of the fountain mechanism at the wazookhana, where people perform ritual ablutions before offering namaz. --PTI

A Varanasi court hearing the Gyanvapi-Shringar Gauri case on Thursday posted the matter to May 23 for the next hearing.Both the parties filed their objections and counter-objections on Thursday. In view of the Supreme Court's order to the lower court not to proceed with the matter till Friday, it fixed May 23 for the next hearing, Madan Mohan Yadav, the lawyer representing the Hindu side, said.Abhay Yadav, the lawyer appearing for the Muslim side, said the plaintiff had demanded the court-appointed team to carry on with its proceedings by demolishing certain walls, "to which we have objected"."Also, a government counsel had demanded the removal of fish from a man-made pond located on the premises of the mosque. These fish are ours and we have raised our objection to this petition as well," he said.  Read more

"As per the Places of Worship Act, any attempt to alter the character of the Gyanvapi mosque is a violation of the letter and spirit of the law of the land. Of course, the BJP has the numbers to amend this Act. But such a move will be nothing short of a challenge to the post-1947 Indian nation-state, where a multitude and different religions have co-existed by respecting each other’s space and rights and embracing an identity defined by Constitutional values rather than claims made on behalf of faith or numerical strength. On Ayodhya, despite calls from within, the Government took a call to wait for the highest court to rule. What it does with the Places of Worship Act and how it responds to the current campaign being fought in courts but framed by majoritarian politics in terms of culture and faith, will shape how a democratic India looks at its history and its future. The stakes couldn’t be higher, all need to tread with caution — and the Constitution." Read more

SP Chief Akhilesh Yadav Tuesday said the BJP uses its “invisible friends” to rake up issues like the Gyanvapi mosque to divert people’s attention from issues like price rise and unemployment. 

“Gyanvapi mosque and other such incidents, the BJP does these things intentionally. Either the BJP does it, or their hidden and invisible friends do such things. They (BJP) push their invisible friends in the front. That’s because the BJP doesn’t want to answer fundamental questions like the rise in the prices of diesel and petrol,” said Akhilesh during his visit to Azamgarh. Read more

A bench presided by Justice D Y Chandrachud said it will now hear the Gyanvapi mosque matter at 3 pm Friday after it was told that Senior Advocate Hari Shankar Jain, who is representing the Hindu side before the Varanasi court and was indisposed on the last date of hearing, had been discharged from hospital only Wednesday.

Senior Advocate Huzefa Ahmadi, appearing for the Committee of Management of Anjuman Intezamia Masjid, Varanasi, told the bench also comprising Justice P S Narasimha that his “only apprehension is that an application has been filed to demolish a wall near the wazu khana” and proceedings are going on. 

The bench told Advocate Vishnu Shankar Jain, who made the request for adjournment, that in view of the apprehension expressed by the other side, they should not press for a hearing before the trial court on Thursday. 

The counsel agreed to the suggestion and the court recorded this and directed the trial court to strictly act in terms of its previous order and to desist from taking any further action in the suit. Read more

The Supreme Court Thursday adjourned the hearing in the Gyanvapi mosque matter till Friday, May 20. It asked the Varanasi court to not proceed with the trial today as the plaintiffs from the Hindu side requested more time. It also recorded an undertaking of the Hindu side that they will not press for proceedings at the trial court till then.

Along with the sealed report, Special Advocate Commissioner Vishal Singh has submitted three boxes, each containing video recordings of separate days of the survey — May 14, 15 and 16.

The court-appointed Commission that conducted the survey of the Kashi Vishwanath temple-Gyanvapi mosque complex filed the report in the Varanasi court on Wednesday.

Advocate Vishnu Jain representing Hindu petitioners Wednesday told reporters in Delhi that they have sought time from the Varanasi court as the matter is pending before the Supreme Court and "we need to place every document on the records". "So, simultaneously two proceedings can't go on." 

They will also seek time in the SC, Jain said, adding that they haven't filed an affidavit yet as "additional developments have taken place in the meantime that have to be brought to the records of the court," ANI reported. 

"As far as the application for demolition of the wall beneath the wazu khana is concerned, we will take some time. I hope the Muslim side is also seeking time to file their objections to our application," Jain was quoted as saying.

Speaking to news agency ANI, Special Advocate Commissioner Vishal Singh and Assistant Court Commissioner Ajay Pratap Singh stated that the survey report on the Gyanvapi mosque complex will be submitted to the court between 10 am to 2 pm today (May 19).

Ajay Pratap Singh added that the report is 10 to 12 pages long.

On the removal of Advocate Commission Ajay Mishra, Singh claimed, 'I had not submitted any application for any removal.' 'It was a misunderstanding, not a row,' he added.

Earlier, the Varanasi court in its order removing Mishra had noted, 'Special Advocate Commissioner Vishal Singh has given this application seeking clarity on the situation… It is clear that the private cameraman of Advocate Commissioner Ajay Kumar Mishra constantly gave bytes to the media, which is completely against judicial conduct.'

The Ahmedabad Cyber Crime Cell has arrested the Gujarat state spokesperson of All India Majlis-e-Ittehadul Muslimeen (AIMIM), Danish Qureshi, for allegedly posting a controversial statement on social media regarding the Gyanvapi mosque row on Wednesday. 

According to the police, Qureshi, who is one of the state spokespersons of AIMIM and resident of Ahmedabad, was arrested by Ahmedabad Cyber Crime Cell after the Vishwa Hindu Parishad workers staged a protest outside Naroda Police Station on Wednesday, demanding action against him. Read more

When the Supreme Court ruled in favour of the Ram temple in Ayodhya on November 9, 2019, responding to a question on whether the RSS would now take up the issue of the Gyanvapi mosque in Varanasi and the Shahi Idgah in Mathura, its chief Mohan Bhagwat said: “Because of a historical backdrop, the Sangh got associated with this movement (Ayodhya) as an organisation. It is an exception. Now we will again be associated with human development and this movement will not remain of concern to us.” 

This articulation appears to be shifting now with lawsuits filed not only in the context of the Gyanvapi mosque but also the Shahi Idgah in Mathura.

However, sources said the Sangh does not plan to launch a public movement on the lines of Ayodhya for these two sites at the moment. “We get involved when all other avenues to seek justice get exhausted. We got involved in Ayodhya because the secular atmosphere created in the country would not allow for the Babri issue to even be discussed, let alone be remedied. But such a situation is not there in the country anymore. Things are happening on their own and the court cases are moving in a positive direction,” an RSS leader said. Read Deeptiman Tiwary's report here

With the Kashi Vishwanath-Gyanvapi controversy being debated in court rooms, the RSS Wednesday said the time has come for “historical facts” to be put in the “right perspective” before society. 

“Right now the issue of Gyanvapi is going on. There are some facts which are coming out in the open. I believe we should let facts come out in the open. In any case, truth always finds a way to come out. How long can you hide it? I believe the time has come to put historical facts in the right perspective before society,” RSS Akhil Bharatiya Prachar Pramukh (all-India publicity in-charge) Sunil Ambekar said at the Devrishi Narad Patrakar Samman Samaroh, an RSS event to felicitate journalists.

Minister of State Sanjeev Balyan, who was chief guest at the event, said he became emotional when he learnt about a Shivling being found in the mosque complex. “Last week I was in Varanasi when this issue of Gyanvapi was going on. I became emotional. But I became more overwhelmed when a journalist told me that Nandi had been waiting centuries for Lord Shiva. My eyes welled up,” he said. Read more

Thirty one years is a very long time in politics but when it comes to the BJP’s stand on Kashi and Mathura, it’s hardly a blink. 

The Places of Worship (Special Provisions) Act, 1991, that is being tested by the Gyanvapi survey, the law that the Supreme Court, in its Ayodhya ruling, linked to the secular nature of the nation, was stridently opposed by the BJP when it was first brought in by the Congress’s P V Narasimha Rao Government on August 23, 1991.

The law froze the status quo for all places of worship as of August 15, 1947, with the exception of Ayodhya since it was already in court. Parliament records show that opposing the law, the BJP said it appreciated this exception and demanded a similar exemption for Krishna Janmabhoomi in Mathura and Kashi Vishwanath temple in Varanasi, the two sites that are back on the frontburner today. Read more

The All India Muslim Personal Law Board (AIMPLB) on Wednesday said it will provide legal and financial assistance to the Gyanvapi Masjid Intezamiya Committee to fight the case in Supreme Court, even as Jamiat Ulama-i-Hind stated that no other Muslim organisation should “interfere in the case”. 

On Tuesday night, AIMPLB held a virtual emergency meeting with its members “to discuss attitude of the sectarian forces towards Gyanvapi Masjid and various masjid and holy places of Muslims in the country’’. “It is the Centre’s and state governments’ responsibility to ensure that the Religious Places of Worship Act-1991 is implemented. The Act ensures protection to all religious structures… The governments must come clear on their position,’’ AIMPLB executive member Qasim Rasool Ilyas said. 

Jamiat Ulama-i-Hind president Maulana Mahmood Asa’d Madani, said members of Muslim community “…should not hit the streets; all kinds of public demonstrations should be avoided”. Read more

The court-appointed Commission had sought a two-day extension for submitting its survey report on the Kashi-Vishwanath temple-Gyanvapi mosque complex. The Varanasi court had given it time till May 19. 

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