The Supreme Court has today refused to interfere with the Gyanvapi Masjid survey, and has ordered the case be given to the District Judge who would decide the maintainability of the civil suit in the Gyanvapi-Kashi Vishwanath dispute.
The bench of Justice D.Y. Chandrachud, Justice Surya Kant and Justice P.S. Narasimha noticed that an application challenging the maintainability of the suit 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. Thus case transferred from Civil Judge (senior division), Varanasi to District Judge, Varanasi. The application filed by plaintiff under O7 R11 CPC shall be decided on priority by the District Judge on transfer of suit,” the Court ordered.
The Court has also directed that till the application of maintainability of 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 taken by Varanasi court.
The Court keeping the respect of the other religion and their sentiments, passed an order today directing the District Magistrate to make appropriate arrangements for wazu (washing of feet and hands before offering prayers) by taking help from the consultaion committee.
The case will now be heard after the summer vacation.