The Supreme Court on Thursday refused to entertain a plea seeking permission for Hindu devotees to perform religious rituals during the upcoming Shravan month in the enclosed area inside the Gyanvapi Mosque complex in Varanasi, stating that “this is not the right time” and asking the petitioners to wait.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalia Bagchi and V Mohana made this observation when advocate Vishnu Shankar Jain, representing one of the Hindu plaintiffs, sought urgent interim relief to allow limited worship at the disputed site, where the Hindu side claims the presence of a Shivling while the mosque committee maintains that the structure is part of a fountain in the wazukhana (ablution tank) of the mosque.
Delaying the guilty plea for two weeks, the bench told Jane: “This is not the time… wait a while.” Shravan, considered the most auspicious month dedicated to Lord Shiva, begins on July 30.
It is confirmed that Hindu worshipers are already performing prayers in the complex’s southern basement room following a court order in 2024.
Stressing that the holy month of Shravan holds special religious significance for devotees of Lord Shiva, Jain urged the court to allow organized worship, stressing that the applicants would adhere to whatever conditions the court deemed appropriate.
The application filed by Lakshmi Devi and three other Hindu plaintiffs in the pending proceedings arising out of the Gyanvapi dispute, sought permission to perform puja, darshan, jalabhishek and other customary religious rituals at the disputed site during the month of Shravan. The applicants asserted that the relief was limited in nature and could be organized through appropriate security protocols and time constraints.
Shravan occupies a unique place in the Hindu religious tradition, with devotees across the country performing special prayers and offering water and bilva patra to Lord Shiva throughout the month, the application said. She said allowing organized worship would balance the interests of all parties while preserving the religious sentiments of millions of worshipers. The applicants also undertook to comply with any restrictions or guarantees imposed by the court and asserted that the relief sought is consistent with the guarantee of religious freedom under Article 25 of the Constitution.
The area in question has remained closed since May 2022 under orders of the Supreme Court following a court-appointed survey of the mosque complex. While the Hindu side claims that the Shivling was discovered during the survey, the Anjuman Mosque Integration Committee disputes this assertion, and maintains that the structure forms part of a fountain in the ablution tank. The Supreme Court then ordered the disputed area to be protected while allowing Muslims to continue praying in the remaining parts of the mosque.
The long-running Gyanvapi dispute centers on claims by Hindu litigants that the mosque was built after the demolition of the pre-existing Kashi Vishwanath temple during the Mughal period. There are multiple lawsuits pending before the courts seeking the right to worship within parts of the mosque complex and challenging the applicability of the Places of Worship (Special Provisions) Act 1991. The Mosque Committee, on the other hand, maintains that the mosque is protected under the 1991 Act and objects to the possibility of the lawsuits continuing.
The Supreme Court is currently hearing the mosque committee’s appeal against the Allahabad High Court order that allowed a scientific investigation into the closed area by the Archaeological Survey of India (ASI). The interim stay granted by the Supreme Court on the implementation of this directive remains in effect.
Separately, the Allahabad High Court heard the civil review petition filed by Hindu plaintiff Rakhi Singh seeking ASI survey of the Wazukhana area, excluding the disputed structure which the Hindu side claims is a Shivling and the Muslim side claims is a fountain.
