The Supreme Court, on Friday, 20 May, ordered that the Gyanvapi Mosque matter being heard by the civil judge senior division Varanasi should be transferred to a 'senior and experienced' district judge. Further, the court said that if either of the parties are unhappy with the order of the district judge, they can appeal the same.
The court also directed the District Magistrate to ensure, in consultation with the parties, that appropriate arrangements are made for the religious observance of 'wazu', if that has not been done already.
The application filed by the masjid committee under Order 7 Rule 11 of the Code of Civil Procedure – arguing the suit by Hindu devotees is barred by the Places of Worship Act – will be decided on priority by district judge
Here are the other key takeaways from Friday's hearing:
SC said its interim order of 17 May for protection of the alleged 'Shivling' area and free access to Muslims to offer namaz will continue
While hearing the case, Justice Chandrachud said that the selective leak of the committee report to the media must stop
Justice Chandrachud said that there “is a certain degree of healing touch with the interim order of the Supreme Court"
"Supreme court cannot say suo motu it will decide maintainability of the suit. We have to follow due process of law,” Justice Chandrachud earlier said
SC Posts Hearing of the Plea by Masjid Committee for July Second Week
Supreme Court has posted the hearing of the plea filed by Masjid Committee relating to Gyanvapi mosque in Varanasi for July second week.
Very Happy With the Order: Vishnu Jain, Counsel for Hindu Plaintiffs
Advocate Vishnu Jain, counsel for the plaintiffs who had originally sought year-round access to a portition of the mosque to carry out Hindu rituals, told ANI that they are very happy with the top court order.
“SC says the trial of the matter will be done by district judge Varanasi. SC says its interim order of May 17 for protection of Shivling area will continue. Arrangement of Wuzu will be done. We're very happy with order."Advocate Vishnu Jain
Matter to Be Transferred From Civil Judge to District Judge: SC
The Supreme Court, on Friday, 20 May, ordered that the Gyanvapi mosque matter being heard by the civil judge senior division Varanasi should be transferred to a 'senior and experienced' district judge. Further, the court said that if either of the parties are unhappy with the order of the district judge, they can appeal the same.
The court also directed the District Magistrate to ensure, in consultation with the parties, that appropriate arrangements are made for the religious observance of wazu.
The order of civil judge dated 16 May (for sealing) stands subsumed by the Supreme Court's order of 17 May, which clarified that while the area where an alleged 'Shivling' was stated to be found.
Does the Presence of A Cross Make an Aghyari a Christian Place?...Ascertainment of Religious Character of a Place Not Barred: Justice DY Chandrachud
He also said that supposing there is an aghyari and there is a cross, “does the presence of cross not make the place an aghyari? Does the presence of cross make it a Christian place? Such hybrid nature are not unknown in India.”
In a discussion with counsel for the masjid committee, Justice DY Chandrachud said that ascertainment of religious character of a place as a procedural mechanism may not necessarily be barred under sections 3 or 4 of the Places of Worship Act.