Breaking: Supreme Court Transfers Gaynvapi Mosque Suit To District Court Varanasi

The Supreme Court has transferred the suit filed by Hindu devotees in connection with the Gyanvapi Mosque-Kashi Vishwanath Temple dispute, to the District Court in Varanasi. The suit was filed before the Civil Judge Senior Division, alleging that the Mosque was built after a Lord Vishweshwar's temple was destroyed by Mughal emperor Aurangzeb. The bench of Justices DY Chandrachud, Surya Kant and PS Naramsimha ordered,"Having regards to complexities involved in civil suit & the sensitivity we are of the view that the suit before the Judge, Varanasi should be tried before a senior and experienced judicial officer of UP Higher Judicial Service. We accordingly order and direct that the Civil Suit before Civil Judge Senior Division Varanasi shall stand transferred to District Judge Varanasi and all interlocutory applications shall stand transferred." The Supreme Court also ordered that the application filed by the Committee of Management Anjuman Intezamia Masjid (which manages Gyanvapi mosque in Varanasi) before the trial court under Order 7 Rule 11 CPC for rejection of the suit as being barred in law, shall be decided on priority by the District Judge.Meanwhile, its interim order dated May 17 shall continue in operation till the application is decided and for a period of 8 weeks thereafter. Further, the concerned District Magistrate has been directed to make proper arrangements for observance of wuzu.In its May 17 order, the Supreme Court had clarified that the order passed by the Civil Judge Senior Division at Varanasi to protect the spot where a "shiv ling" was claimed to have been found during the survey of the Gyanvapi mosque will not restrict the right of Muslims to access the mosque to offer namaz and to perform religious observances. It had also directed the District Magistrate concerned to ensure that the place inside the Mosque where 'Shiv Ling' is stated to have been found is protected.Today, the Court ordered,"Having regards to complexities involved in civil suit & the sensitivity we are of the view that the suit before the Judge, Varanasi should be tried before a senior and experienced judicial officer of UP Higher Judicial Service. We accordingly order and direct that the Civil Suit before Civil Judge Senior Division Varanasi shall stand transferred to District Judge Varanasi and all interlocutory applications shall stand transferred. The application filed under Order 7 Rule 11 CPC shall be decided on priority by the District Judge. The interim order dated May 17 of this Court shall continue in operation till O 7 R 11 is decided and for a period of 8 weeks thereafter."The order further stated,"Unless adequate arrangements for observance of wuzu has been made by the District Magistrate, we direct the District Magistrate, in consultation with the parties, to make appropriate arrangements for the observance. The order which was passed by the CJ, Senior Division, Varanasi on May 16, 2022 shall stand subsumed by the terms of the orders of this court dated May 17 pending further orders."Courtroom ExchangeStating that the matter involves a fair amount of complexity and sensitivity, the Bench suggested that it be heard by a District Judge, in order to "protect the interests" of all parties. Presently, the suit pending before the file of a Civil Judge Senior Division at Varanasi."In a matter of fair amount of complexity and sensitivity, we are of the view that the suit should be heard by a District Judge. We are not casting aspersions on the trial judge. But in a matter like this, a more seasoned hand is better. This will protect the interests of all parties...they know how to handle it," the Bench said.Senior Advocate Huzefa Ahmadi, appearing for the Masjid committee, expressed an apprehension that continuation of the impugned proceedings before the trial court would have the potential for "grave mischief". "This has to be nipped in the bud. All the orders right from the appointment of commission are illegal and are to be declared as void," he contended.However, the Court has ordered,"Having regards to complexities involved in civil suit & the sensitivity we are of the view that the suit before the Judge, Varanasi should be tried before a senior and experienced judicial officer of UP Higher Judicial Service. We accordingly order and direct that the Civil Suit before Civil Judge Senior Division Varanasi shall stand transferred to District Judge Varanasi and all interlocutory applications shall stand transferred." On Masjid Committee's application for Rejection of SuitAt the outset of the hearing today, the Bench put forth three suggestions before the parties:1. It could direct the trial court to dispose of the application filed by the Masjid Committee under Order 7 Rule 11, for rejection of the suit for worship filed by Hindu devotees. 2. It could order that its interim order shall continue until the aforesaid application under Order 7 Rule 11 is disposed.3. It could order that the suit should be heard by a ...

Breaking: Supreme Court Transfers Gaynvapi Mosque Suit To District Court Varanasi

Shruti Kakkar

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