The Top Court allowed Muslims to enter the Gyanvapi Mosque and directed the DM to protect the Shivling recovered from the mosque

BENCH: Justices DY Chandrachud and PS Narasimha
CASE: Committee of Management Anjuman Intezamia Masajid Varanasi vs Rakhi Singh & Ors.

The Top Court lifted the prohibition on Muslims from entering the Gyanvapi Mosque in Uttar Pradesh, as imposed by a Varanasi court. The bench directed the District Magistrate (DM) to assure that the Shivling recovered from the Mosque, during a survey by the court commissioner, will be protected. 

On being asked about the performance of wudu (cleansing, as part of religious practice) by the Senior Counsel Huzefa Ahmadi, the bench clarified that Muslims will be allowed to perform wudu (cleansing) since it is part of religious observances.

FACTS

The bench was hearing an appeal by the Committee of Management of Anjuman Intezamia Masajid challenging an order passed by the Allahabad HC. The HC permitted the court commissioner appointed by a civil court to conduct a survey and videography of the Gyanvapi Mosque. The commissioner had surveyed, however, the report was yet to be submitted before the civil court of Varanasi.

The civil court, however, ordered the sealing off of an area of the mosque after counsel for the Hindu parties contended that a Shivling has been recovered during the survey.

The appeal arises from a suit filed by Hindu parties asserting that the Gyanvapi Mosque is of Hindu deities and that Hindus should be allowed to worship at the site. The lower court had appointed a court commissioner as stated above. Subsequently, the Masajid Committee filed a petition before the lower court claiming that the court commissioner was biased and should be substituted. The same was dismissed, allowing the survey to take place