Direction shall not in any manner restrain or impede the access of Muslims to the mosque: Supreme Court 

The Supreme Court ordered that the direction shall not in any manner restrain or impede the access of Muslims to the mosque.  

Background 

The orders of the Civil Judge, Senior Division, Varanasi were questioned before the Single Judge of the High Court of Judicature at Allahabad in a petition under Article 227 of the Constitution. The Single Judge by an order rejected the petition. In pursuance of the order of the Trial Judge, the Commissioner commenced executing the work of the Commission.

Arguments 

Advocate Huzefa A Ahmadi, appearing on behalf of the petitioner, contended that since the Trial Judge has allowed application, the order is susceptible of the interpretation that the entirety of the reliefs which were sought has been allowed. 

He urged that the order has been passed ex-parte when the work of the Commission was in progress and that the petitioners question the order to carry out a survey on the ground of jurisdiction. 

Decision 

The division bench of Justice D.Y. Chandrachud and Justice Pamidighantam Sri Narasimha stated that in order to obviate any dispute on the meaning and content of the order of the Trial Judge, the operation and ambit of the order shall stand restricted to the extent that the District Magistrate, Varanasi shall ensure that the area where the Shivalinga is stated to have been found, as indicated in the order, shall be duly protected.  

The court said that the above direction shall not in any manner restrain or impede the access of Muslims to the mosque or the use of the Mosque for the purpose of performing Namaz and religious observances. 

Case title: Committee of Management Anjuman Intezamia Masajid Varanasi v/s Rakhi Singh & ors.

Citation: Special Leave to Appeal (C) No(s).9388/2022

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