The Supreme Court on Friday issued notice to the Gyanvapi Mosque Management Committee on a petition seeking another survey by the Archaeological Survey of India (ASI) of the SC-ordered sealed area inside the Gyanvapi Mosque, where an earlier survey had purportedly found a Shivling, which the Muslim side claimed as a fountain.
The Bench of Justice Suryakant and Justice Ujjal Bhuiyan Court passed the order on a petition filed by the Hindu side seeking transfer of all 15 cases going on in Varanasi’s lower court in the Gyanvapi case to the Allahabad High Court.
The Apex Court granted two-week time to the Muslim side to file its response.
The Counsel appearing for the Hindu side contended that some petitions were pending before the District Judge and some before the Civil Judge. In such a situation, different orders were coming from different courts on the same case.
Therefore, all petitions related to Gyanvapi should be clubbed together and transferred before a Bench of three judges in Allahabad High Court, he added.
The lawyer representing the Muslim side submitted the Hindu side wanted an ASI survey of the sealed area of the Wuzukhana. The district court had rejected this demand, after which the High Court allowed it. the Gyanvapi Mosque Managment Committee had filed a petition against this in the Supreme Court. The decision on that petition was still pending, he added.
Earlier in August this year, the Apex Court had extended its stay on the Allahabad High Court order regarding inspection of the Shahi Eidgah Mosque by a Court Commissioner.
The Bench of Justice Sanjiv Khanna and Justice Sanjay Kumar passed the order on three special leave petitions.
Two petitions were filed by the Shahi Eidgah Mosque Committee and the Uttar Pradesh Sunni Central Waqf Board challenging a May, 2023 order of the Allahabad High Court, whereby it transferred to itself a batch of suits pending over the dispute in Mathura court.
The third plea was filed by the Mosque Committee challenging the December, 2023 Allahabad High Court order, which gave its nod for the appointment of a court commissioner to inspect the Shahi Eidgah mosque.
Advocate Vishnu Shankar Jain (on behalf of the deity and Hindu worshippers) urged that the matter has become infructuous as the Allahabad High Court recently dismissed a petition filed by the Mosque Committee under Order 7 Rule 11 CPC challenging the maintainability of 18 suits preferred by the deity (Lord Krishna) and Hindu worshippers.
The High Court rejected the contention that the suits were barred by the Places of Worship Act 1991, the Limitation Act 1963, and the Specific Relief Act 1963. It held that all 18 suits were maintainable, paving the way for them to be heard on merits.
However, the Apex Court refused to agree that the matters have become infructuous and adjourned the matter till November, saying that the Allahabad High Court order on O7R11 CPC application would be looked into.
The Bench further extended its interim order of January 2024, which had stayed the 2023 order of the High Court regarding the appointment of a Court commissioner for inspection of the Shahi Eidgah Mosque.
The matter pertained to the Shahi Eidgah mosque at Mathura, allegedly built after demolishing a temple at the birthplace of Lord Krishna.
A ‘compromise’ agreement was brokered in 1968 between the Shri Krishna Janmasthan Seva Sansthan, the temple management authority, and the Trust Shahi Masjid Eidgah, allowing both places of worship to operate simultaneously.
However, the validity of this agreement has now been doubted by parties seeking various forms of relief in courts with respect to Krishna Janmabhoomi.
The litigants have contended that the compromise agreement was made fraudulently and was invalid in law. Claiming a right to worship at the disputed site, many petitioners have sought the Shahi Eidgah mosque’s removal.
In May, 2023, the Allahabad High Court transferred to itself all suits pending before the Mathura Court praying for various reliefs pertaining to the dispute.
This transfer order was challenged in the Supreme Court by the Mosque Committee, and later by the Uttar Pradesh Sunni Central Waqf Board.
The High Court had allowed in December, 2023, a plea seeking the appointment of a court commissioner to inspect the Shahi Idgah Mosque. The order was passed on an Order 26 Rule 9 CPC application filed by the deity (Bhagwan Shri Krishna Virajman) and 7 others. The Supreme Court stayed the implementation of the order January, 2024 and later extended the same.