SC Transfers Gyanvapi Case to District Judge, DM to Make Arrangements for 'Wazu'
Catch all the live updates from the Gyanvapi mosque hearing here.
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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.
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 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.
Healing Touch in SC's Interim Order, Selective Leaks of Commission Report Must Stop: Justice Chandrachud
Stating that they are weighed with a need to have a sense of balance on ground and to have a sense of calm, Justice Chandrachud said that there “is a certain degree of healing touch with the interim order of the Supreme Court.”
He also subsequently added:
'Cannot Comment on Maintainability of the Suit, But...' Justice Chandruchud Proposes Interim Order
Justice Chandrachud told counsel for the masjid committee that if they accept their submission that the commission was void ab initio, they would be committing on the maintainability of the suit.
“Supreme court cannot say suo motu it will decide maintainability of the suit. We have to follow due process of law,” he added.
“Need for fraternity is crucially present in our minds, as well,” Justice DY Chandrachud said, and then went on to suggest:
“If you (masjid committee) succeed under Order 7 Rule 11 (at a lower court) all comes to an end, if you fail in the application, we can post this SLP a little later after the vacation, so that in case you fail this appeal will be pending.”
SLP Against The Appointment of Commission, Status Quo Should Be Restored: Senior Advocate Huzefa Ahmadi
Senior Advocate Huzefa Ahmadi told the apex court that their special leave petition is against the appointment of the commission (to carry out a survey at the Gyanvapi Mosque complex)
“A status quo that has been underway for 500 years has been altered by sealing portion of the mosque,” he further said.
He further said that till his order 7 rule 11 application is taken, “what will be lest festering…will cause grave public mischief, which the (Places of Worship) Act wanted to avoid.
Hearing Begins in SC
The Supreme Court, on Friday, 20 May, resumed hearing the challenge to the Varanasi court ordered-survey in the Gyanvapi mosque mater.
'Fishing Expedition' Alleges Masjid Committee
Pointing out that the plaintiffs have filed an application seeking demolition of certain partitions (around the spot where an alleged shivling is indicated to have been found) and a commission survey after removal of the debris, the masjid committee, in their application, said:
Allahabad HC Adjourns Hearing Till 6 July
The Allahabad High Court adjourned the hearing in the matter pertaining to the Kashi-Vishwanath temple-Gyanvapi Mosque till 6 July.
The high court adjournment comes amid significant interim order by the Supreme Court, which issued notice on pleas challenging the orders of a district court, saying that while the area within the mosque where an alleged shivling was said to be found should be protected, Muslims must not be restricted from entering and praying in the mosque.
'Visit in Small Numbers': Mosque Committee After Partial Sealing of Mosque
In a new appeal on Thursday, 19 May, the mosque committee mentioned the difficulties being posed in performing religious duties, after the top court gave orders to seal the wazukhana a part of the mosque premises.
The committee, in its letter, urged namazis to visit the mosque in small numbers for Juma prayers and observe namaz in their respective localities.
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