Gyanvapi row: Supreme Court transfers case to Varanasi District Judge, interim order to continue for 8 weeks

The court said that once the commission's report is there, there cannot be selective leaks

May 20, 2022

SC won’t interfere with Gyanvapi mosque survey order, transfers case to Varanasi court

On Friday, the Supreme Court has directed that the Gyanvapi case should be transferred from the civil judge in Varanasi, where it is currently being heard, to the court of the district judge Varanasi – who is “more senior and experienced” and will be better placed to address the complex issues in the matter.

The Supreme Court hearing on the case of Varanasi’s Gyanvapi mosque in UP is underway. The Court suggested a trial of suit for worship inside the mosque be handled by the district judge.

The Supreme Court’s Interim order dated 17 May shall continue to remain in operation pending the disposal of the Order 7 Rule 11 application, and for a further period of 8 weeks, to allow any party to take necessary steps.

The bench of Justices D Y Chandrachud, Surya Kant, and P S Narasimha was hearing the pleas by the masjid committee against the orders of the Varanasi court, including the original order allowing a video survey of the Gyanvapi mosque as well as the order to seal part of the mosque where a ‘Shivling’ was found.

The Supreme Court suggested that the district judge will decide the mosque committee’s plea that the suit by the Hindu party isn’t maintainable and till then the interim order-protection of Shivling area and free access to Muslims for namaz-will continue.

The Court said that once the commission’s report is there, there cannot be selective leaks. “Do not leak things to the press, only the judge opens the report,” the SC said.

During the hearing, senior advocate Huzefa Ahmadi for Masajid Committee said that the orders passed by the trial court since the beginning are capable of creating great public mischief. “My submission is right from the date the Commission was appointed till date, all these orders shall be declared as void and null,” he said.

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