[Gyanvapi] Plea in Supreme Court objects to civil court orders; says SC passed 3 orders in 1990s to safeguard existing structures

In light of the recent disputes surrounding the Gyanvapi mosque in Uttar Pradesh's Varanasi, a petition has been filed before the Supreme Court contending that the top court itself had passed three orders in the 1990s directing the Central and State governments to safeguard religious structures [MM Kashyap vs Union of India]..The petitioner has claimed that the apex court by way of its orders passed in 1993, 1995 and 1997, had directed the government to take all steps to safeguard Gyanvapi mosque and Kashi Vishwanath temple at Varanasi and Srikrishna temple at Mathura in light of the Places of Worship Act, 1991.“Direction was given to the State to enforce the provisions of the Places of Worship Act, 1991 to register cases as per the Act against any person who violates the Act by causing damage or converting these places from their existing religious to religion of other denomination,” the petition said. .It was contended that the apex court in one of those orders had clarified that the government and police are permitted to do everything necessary to protect places of worship.“No order of any subordinate court can be construed to run counter to this order,” the petition claimed. .However, despite the same, a civil court in Varanasi has ordered a survey of Gyanvapi mosque and the same requires immediate intervention of the top court, the plea said. "If directions are not issued, then situation will lead to civil unrest and turmoil," the plea claimed.The petition elaborated on Section 4 of the Places of Worship Act, 1991 which lays down that the religious character of a place of worship existing as on August 15, 1947 would remain unchanged.The plea was mentioned by advocate MM Kashyap before Justice DY Chandrachud who has been hearing the appeal against the survey of Gyanvapi mosque. Justice Chandrachud, however, refused to entertain the mentioning and asked the petitioner to mention the matter before the Chief Justice of India. .The Gyanvapi mosque has been in news in the past week with Hindu parties filing a suit before a civil court in Varanasi staking claim to the disputed site and seeking to enforce their right to pray at the site on the ground that the mosque houses Hindu deities.The civil court had ordered a survey and videography of the mosque by an advocate-commissioner which was challenged by Muslim party before the Allahabad High Court.The Allahabad High Court had dismissed the challenge and appeal against the same is currently pending before the top court.