Reporting By: Amit Kashyap.
The Supreme Court on Friday ordered that a District Judge should decide the maintainability of the civil suit in the Gyanvapi-Kashi Vishwanath dispute in which Hindus and Muslims have staked claim to worship at the disputed Gyanvapi mosque in Varanasi.
A bench of Justices DY Chandrachud, Surya Kant and PS Narasimha noted that an application by Muslim party under Order VII Rule 11 (challenging the maintainability of the suit) 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 also said that its interim order of May 17 shall continue till the Order VII Rule 11 application is decided.
“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.
On May 17, the top court had ordered that the Shivling stated to have been found during the survey of the mosque be protected. It had also lifted the prohibition imposed by a Varanasi court on Muslims from entering the mosque.
The Court in its order today also directed the District Magistrate to make appropriate arrangements for Wazu (washing of feet and hands before offering prayers) at the mosque in consultation with parties.
The case will now be heard after the summer vacation.
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Judgements In Criminal Law 