Members of the Archaeological Survey of India's (ASI) team conduct scientific survey at the Gyanvapi mosque complex, in Varanasi.
Credit: PTI Photo
New Delhi: The Supreme Court on Tuesday allowed a plea by a section of Hindu women in the Gyanvapi mosque case, seeking a directive to the Varanasi district magistrate for cleaning a water tank, which falls in the sealed area inside the mosque where a 'Shivlingam' was purportedly found in May 2022.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra took on a record a submission by the Muslim side that they don't have any objection for it.
The direction came after Additional Solicitor General Madhavi Divan, appearing in the court on behalf of the Uttar Pradesh government, sought permission for the cleaning of the tank, saying there were dead fish in it.
Senior advocate Huzefa Ahmadi, for the Muslim side, said his client had no objection and let the cleaning be done by the administration.
The apex court directed that the cleaning of the water tank should be carried out under the supervision of the district administration Varanasi, having regard to the previous orders of this court.
In the application, the women led by advocate Vishnu Shankar Jain said the water tank has not been cleaned since May 16, 2022, when the survey was conducted.
"It is submitted that the fish in the water tank have died between 20.12.2023 and 25.12.2023 and due to the same, there is putrid smell emitting from the tank," their plea said.
It also alleged that the petitioner Anjuman Intezamia is responsible for the condition of the tank.
"In case the fish would have been transferred as requested by District Magistrate, Varanasi, the present unfortunate situation would have not occurred. Since there exists Shivlingam which is sacred to Hindus and should be kept away from all dirt, grime, dead animals etc and must be in clean condition, is currently in the midst of dead fish which is hurtful to the sentiments to the devotees of Lord Shiva," the plea said.
The plea filed by Jain sought a direction from the court to the District Magistrate for cleaning the entire area where a shivling was found and maintain hygienic condition.
It further said the water tank and the surrounding area was sealed under the order of May 16, 2022 passed by Civil Judge, Varanasi and the order of sealing was subsumed in order of May 20, 2022 passed by the Supreme Court.
The women applicants also submitted that an application was on May 17, 2022 filed on behalf of Government of Uttar Pradesh and District Magistrate, Varanasi for issuance of suitable directions to transfer the fishes from the pond otherwise there was danger to their life.
However, the application was opposed by Anjuman Intezamia Committee by filing objection stating that the fishes could not be transferred from the place in question.
In May, 2022, the Supreme Court had directed for protection of the 'Shivling', and free access to Muslims to the site for offering namaz.