Supreme Court agrees to consider plea for urgent hearing on cleaning water tank at Gyanvapi Mosque in UP

Advocate Vishnu Shankar Jain appeared before a bench headed by Chief Justice of India D Y Chandrachud and mentioned that the matter is listed on Jan 12. But he asked the court to fix an early date for the hearing on the plea by some women applicants who want to clean the water tank in the mosque area which is sealed.

The CJI asked Jain to send a request through email, which would be looked into. The bench also comprised Justice J B Pardiwala and Justice Manoj Misra.

The women applicants have sought a right of worship at Gyanvapi mosque in Varanasi, while the Muslim side claimed the 'Shivlinga' was a fountain. In their application, the women said that the water tank had not been cleaned since May 16, 2022, when the survey was conducted.

"It is submitted that the fish in the water tank have died and due to the same, there is a putrid smell emitting from the tank."

The plea also claimed that the petitioner Anjuman Intezamia was responsible for the death of the fish.

"In case, the fish would have been transferred as requested by the 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 kept in clean condition, is currently amid dead fish which is hurtful to the sentiments to the devotees of the Lord Shiva," the plea said.

The plea filed by Jain sought a direction from the Top Court to the District Magistrate for cleaning the entire area of Shivlingam and maintaining hygienic conditions.

It said the water tank and the surrounding area were sealed on May 16, 2022, on the orders of the Civil Judge, Varanasi, and the said order was subsumed in the order of May 20, 2022, passed by the Supreme Court.

The women applicants also submitted that an application was filed on May 17, 2022, on behalf of the Government of Uttar Pradesh and District Magistrate, Varanasi for issuance of suitable directions to transfer the fish from the pond otherwise there was a danger to their lives.

However, the application was opposed by Anjuman Intezamia saying that the fish could not be transferred from the place in question.

In May 2022, the Supreme Court directed for the protection of the 'Shivling', and also to provide free access to Muslims to the site for offering namaz.