The Supreme Court on Friday ordered the transfer of the Gyanvapi mosque case from the civil judge to the district judge of Varanasi.
A bench of Justices D.Y. Chandrachud, Surya Kant and P.S. Narasimha ordered that a “senior and experienced” judicial officer of Uttar Pradesh Higher Judicial Service should examine the case. The bench said the District Judge should decide the maintainability of the civil suit in the Gyanvapi-Kashi Vishwanath case on priority as sought by the Committee of Management Anjuman Intezamia Masjid Varanasi.
“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. Thus the case was transferred from Civil Judge (senior division), Varanasi to District Judge, Varanasi. 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 bench ordered.
It further ordered that its interim order passed on 17 May—to protect the area where the Shivling was found and access to Muslims
for namaz—shall continue in operation till the maintainability of the suit is decided and thereafter for eight weeks to enable parties to pursue legal remedies.
It further asked District Magistrate, Varanasi to make alternate arrangements for wazu after consulting the parties. It has now posted the matter for hearing in July second week. The apex court was hearing a plea by Anjuman Intezamia Masajid Committee against the Varanasi district court order, which directed a videographic survey of the Gyanvapi mosque complex, adjacent to the Kashi Vishwanath temple in Varanasi.
During the hearing, the bench suggested that the Gyanvapi mosque case should be heard by the District Judge in Varanasi. “A slightly more seasoned and mature hand should hear this case. We are not making aspersion on the trial judge. But more seasoned hand should deal with this case and it will benefit all the parties,” said the bench.
The bench said these were complex social problems and no solution by humans could be perfect. “Our order is to maintain a certain degree of peace and calm and our interim orders calm some frayed nerves with some healing touch. We are on a joint mission on preserving a sense of unification in the country,” Justice Chandrachud said.