Prior to Eid-ul-Fitr, the Supreme Court of India on Friday decided on a request for appropriate arrangements to be made for the performance of wuzu in Varanasi’s Gyanvapi Mosque complex, where a ‘Shiva Linga’ was allegedly discovered last year.
Only after receiving an assurance from the Solicitor General for India, Tushar Mehta, that sufficient tubs of water would be provided by the district administration at the location where wuzu is performed in the mosque on the occasion of Eid tomorrow, did a bench of Chief Justice DY Chandrachud and PS Narasimha rule on the application.
The bench ruled, “We record the statement of the Solicitor-General for India that the collector or the district magistrate shall ensure that there are a sufficient number of tubs and facilities for water are made available in close proximity to in order to facilitate the performance of wuzu and to avoid inconveniencing the devotees who have come to perform namaz.”
Courtroom Interaction
The solicitor-general stated, “We have given restrooms 70 metres away from the location, but they are seeking for these amenities inside the premises of the mosque.
Senior attorney Huzefa Ahmadi informed the bench that the contested location had been used by Muslim worshippers for years for wuzu while speaking on behalf of the Committee of Management of the Anjuman Intezamia Masjid, which is in charge of overseeing the Gyanvapi mosque in Varanasi. The fact that this is the final Friday before Eid creates a sense of urgency.
The chief judge questioned, “Mr. Solicitor, why can’t there be arrangements made for today and tomorrow? The top law enforcement official said, “I had a word, but it is not possible because the entry to the toilet is through the disputed location where the ‘Shiva Linga’ or, in their opinion, a fountain is placed.
“Very good. They may provide something to go there, Ahmadi said.
The solicitor general yelled, “The toilets are only 70 metres away.” Ahmadi argued against this claim by asking, “Why should [Muslim worshippers] be compelled to leave the premises in order to perform wuzu?”
Mehta swiftly clarified, “Not for Wuzu. “For Wuzu, it is the same area,” he said. I was simply referring to the lavatory facilities. Additionally, the solicitor general guaranteed that water will be made available to Muslims attending wuzu.
It was suggested by Justice Narasimha that huge tubs be made available for the purpose. There are six tubs, Mehta said. “We provide six tubs at the location where wuzu is currently permitted,” he continued.
“Tubs cannot mean buckets,” Justice Narasimha said.
SRISHTI BHARDWAJ, B.COM LL.B
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