New Delhi: The Supreme Court on Thursday while hearing an appeal filed by the Anjuman Intezamia Masjid Committee in October and added that the apex court will wait for the decision of the Varanasi Court.
The Supreme Court bench headed by Justices DY Chandrachud, Surya Kant, and PS Narasimha further rejected the fresh appeal to offer water to the ‘Shivling’ that was supposed to be found in the Gyanvapi mosque.
The apex court further added that such pleas will not be entertained when the matter is pending. The court further declined to entertain another plea seeking carbon dating and ground penetrating radar survey of the discovered ‘Shivling’ with the Gyanvapi mosque premises.
During the hearing, senior advocate Huzefa Ahmadi appearing for the mosque management committee said that the order appointing the Commissioner to survey the premises is like a poison tree whose poison fruit — the report — has created a situation and perception which attempts to alter the status quo of the mosque existing for centuries.
Ahmadi said these reports are used to create some kind of perception and the top court will have to go into the correctness of the order appointing the Commission.
The bench was hearing an appeal filed by the Committee that manages the Gyanvapi mosque challenging an order of Allahabad High Court permitting a court-appointed commissioner to inspect, conduct a survey and videography of the Gyanvapi mosque to which Hindus and Muslims have laid claim for the right to worship.
On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.
It had ordered that its interim order passed on May 17 — to protect the area where the Shivling was found and access to Muslims for namaz — shall continue in operation till maintainability of the suit is decided and thereafter for eight weeks to enable parties to pursue legal remedies.
It had said that the District Judge should decide the maintainability of the civil suit in the Gyanvapi-Kashi Vishwanath on priority as sought by the Committee of Management Anjuman Intezamia Masjid Varanasi.