AMN / NEW DELHI
The Supreme Court today ordered transfer of Gyanvapi mosque case to District Judge of Varanasi. A three-judge bench comprising Justices D. Y. Chandrachud, Surya Kant and P. S. Narasimha was hearing a petition challenging the filming of Varanasi’s Gyanvapi mosque. In its order, the court also said that having regard to the sensitivity of this civil suit, the case is transferred from Civil Judge Senior Division to Varanasi District Judge. The case was being heard by a trial court in Varanasi, with the next hearing scheduled for Monday.
The Apex Court Bench also observed that the need for fraternity between communities and need for peace is topmost for the court. Justice Chandrachud said that a sense of balance and calm is needed on the ground and a degree of healing touch.
The bench also directed that its interim order of May 17, 2022 for protecting the purported “shiva lingam” without impeding the right of Muslims to worship in the mosque would remain in operation pending the disposal of the committee’s application and for eight weeks thereafter so as to enable any party aggrieved by order of the district judge to seek redressal.
The court also asked the district magistrate to ensure that appropriate arrangements are made for wazu (ablution) at the mosque if they are not already made.
The mosque committee contended that the status quo that had existed for the past 500 years had already been changed by the sealing of the premises and therefore even if the matter had to be sent to the district judge, the status quo as existed before must remain. However, the court did not pass any order on this request.
The Muslim side had argued that the Varanasi court order appointing a commissioner for inspecting the mosque was in violation of the Places of Worship Act, 1991. However, the apex court said the ascertainment of the religious character of a place was not barred by Section 3 or 4 of the Act.