New Delhi, May 20 (LAB) The Supreme Court today refused to interfere with the Gyanvapi Masjid survey order and directed that the case be transferred to some senior judge not less than the level of the District Judge who would decide the maintainability of the civil suit.
A bench comprising Justice D.Y. Chandrachud, Justice Surya Kant, and Justice P.S. Narasimha noticed that an application challenging the maintainability of the suit that has been filed by Muslims is pending before the civil court.
“Having regard to the sensitivity of this civil suit, this case before the civil judge Varanasi shall stand transferred and be heard by a senior and experienced judicial officer of UP Judicial services, Justice Chandrachud said.
The Court directed to transfer the case from Civil Judge (senior division), Varanasi to District Judge, Varanasi.
The top court was hearing a petition filed by the Anjuman Intezamia Masjid Committee, which managed the mosque and had filed a petition against the Varanasi district court order directing a video graphic survey of the masjid complex, adjacent to the famous Kashi Vishwanath Temple in Uttar Pradesh.
Hindu groups had claimed their right to worship inside the mosque amid reports of a Shivling being found inside the complex.
Appearing for the Muslim party Senior advocate Huzefa Ahmadi, contended that the Gyanvapi mosque was covered under the 1991 places of worship Act.The Places of Worship Act, 1991, has to be followed by everyone.
While stating that it was on a mission to preserve the balance of the nation, the SC said its May 17 order of protecting the site where the Shivling was reportedly found will continue, while the Varanasi district magistrate will make arrangements for ‘wuzu’ (ablution) inside the mosque.
The application filed by the plaintiff under Order 7 Rule 11 CPC shall be decided on priority by the District Judge on the transfer of suit,” the Court ordered.
The Court also directed that till the application of maintainability of the suit is not decided, the interim order of May 17 shall continue.
“Our interim order dated May 17 shall continue to remain till Order 7 Rule 11 Application is decided and thereafter for 8 weeks so that parties aggrieved by district judge order can challenge the same,” the order said.
The top court on May 17, had ordered that the Shivling found during the survey of the Mosque should be protected. The court had also lifted the prohibition of Muslims entering the mosque that was imposed by the Varanasi court.
The case will now be heard after the summer vacation./LAB/SNG/