New Delhi: The Supreme Court on Friday recorded the assurance given by Solicitor General Tushar Mehta that Varanasi district administration will provide sufficient water facilities to the devotees performing ‘wuzu’ (ablution) in Gyanvapi mosque.
A bench, headed by Chief Justice of India D.Y. Chandrachud and comprising Justice P.S. Narasimha said: “We record the statement of the Solicitor General that in order to facilitate the performance of wuzu, the District Magistrate shall ensure that there are sufficient number of tubs and facilities of water made available in proximity so…..no inconvenience is caused to the devotees who come for performing namaz”.
During the hearing, Mehta submitted that toilets have been 70 metres away from the place, but they are asking for these facilities inside the premises of the mosque.
Senior advocate Huzefa Ahmadi, appearing on behalf of the Committee of Management of the Anjuman Intezamia Masjid, submitted that the disputed area had been in use by Muslim worshippers for years for the purpose of wuzu. He stressed that this is the last Friday just before Eid.
The bench queried Mehta as why can there be no arrangements made for Friday and Saturday? Mehta responded that it is not possible because the entry to the bathroom is through the disputed area where the purported ‘Shiva Linga’ or according to them, a fountain is located and emphasised that the toilets are just 70 metres away.
Ahmadi questioned why should Muslim worshippers be forced to go outside the premises for the purposes of doing wuzu? Mehta replied that it is not wuzu, rather he was talking about the toilet facilities and assured that water will be provided to the Muslim worshippers for the performance of wuzu, and that there are six tubs.
The bench stressed that to facilitate the performance of ablution, long tubs should be provided. Mehta emphasised that authorities will provide sufficient water in order to ensure that everyone can perform wuzu.
In November last year, the apex court had extended the protection of the area inside Gyanvapi mosque where a “Shiv Linga” was found till further orders.
The top court had said the interim order, passed in May 2022, will remain in operation till further orders.
Committee of Management Anjuman Intezamia Masajid Varanasi, in its plea, contended the ablution area of the mosque where the “said object” has been found which, the petitioner maintains, is in fact a part of an old fountain. The plea further added that it was sealed by the district authorities and remains sealed till date, and the washroom alongside the same also remains sealed.
The plea contended that it has created inconvenience for the worshippers where they are deprived of the wuzukhana needed for offering namaz as well as the washroom. It pointed that the door to access the washroom was through the ablution area and the same remains sealed.
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