Secure ‘shivling'area but don't stop Namaz, says SC

The ‘shivling' was said to be found in a pond, used for 'wazu' or purification rituals before Namaz

In a significant development, the Supreme Court on Tuesday directed the District Magistrate of Varanasi to ensure protection of area inside the Gyanvapi-Shringar Gauri complex where ‘shivling’ is said to be found in the survey and allowed Muslims to offer ‘Namaz’ and perform religious observances.

Balancing the equity, a bench comprising Justices D Y Chandrachud and P S Narasimha, while hearing a plea of the Committee of Management Anjuman Intezamia Masjid which manages Gyanvapi mosque in Varanasi, passed the order and refused to stay the ongoing proceedings before the lower court. The bench said it needed to balance the rights of contesting parties and clarified that the order of the civil judge (senior division), hearing the plea of petitioner Hindu devotees, directing authorities to ensure the protection of the area would not restrict and impede the rights of Muslim to offer ‘Namaz’ and to perform religious observances. “This is an interim arrangement till counsel for the plaintiffis here. We need to balance the rights of contesting parties.

The order of May 16, 2022, to the extent that DM, Varanasi shall ensure the protection of area where ‘shivling’ is said to be found will not impede upon the rights of the Muslims to offer ‘Namaz’ and perform religious observances,” the bench said in its order.

Senior advocate Huzefa Ahmadi, appearing for the Gyanvapi mosque committee, said the Muslims need to perform ‘wazu’ or ablution as without that ‘Namaz’ would have no meaning under Islam.