Supreme Court says ‘experienced’ judicial officer will hear Gyanvapi case

Mangalore Today News Network

New Delhi, May 20, 2022: The Supreme Court, which is hearing a challenge to the survey order of the Gyanvapi Mosque complex issued by the Varanasi court, handed over the case to the district judge while noting that the “selective leaks” must stop. The court was today told by the Muslim side that the survey report was ‘selectively leaked’ to the public.

 

Huzefa Ahmadi, appearing for the Muslim side, argued that the leaked info is being shared widely and that the “information provided by the plaintiff has altered the narrative”.

“Given the legal issues involved and the sensitivity, we are of the view that the civil suit before the civil judge shall be heard to be tried before a senior and experienced officer of the UP higher judicial service. The suit shall stand transferred from the civil judge Varanasi to the court of the district judge of Varanasi for trial,” the top court said.

“We are of the view that the dispute should be heard by the district judge. We want a senior judicial officer to hear the matter since it is a matter of legal nuance.”

However, it refused to comment on the case, citing maintainability. In law, if a suit is against legal provisions and is no suit in the eyes of the law, it is dismissed by courts as “not maintainable”.

“The application under maintainability is pending before the trial court. Let that be heard. Contentions of both sides would be kept open. We won’t comment at all,” the court said.

“We passed an interim order making some arrangements. That order will continue till the maintainability issue is dealt with. We are trying to balance both sides; it is like a healing touch for both sides,” the court said.

The court also came down heavily on the reported leaking of the survey report. “The commission’s report should not be leaked and should be presented before the judge only,” Justice DY Chandrachud said.

“My challenge is against the order appointing a court commissioner. The Place of Worship Act recognises that this kind of application can cause public mischief. A report of the survey was selectively leaked and it is being pasted everywhere. Information provided by the plaintiff has altered the narrative,” Ahmadi told the court.

“The status quo which was there for 500 years has been modified. A status quo now will be according to the changes made now,” he added.

CS Vaidyanathan, the lawyer appointed by the Hindu side, rubbished Ahmadi’s claims and said that the plea by the Muslim side is infructuous. “It would be appropriate if the commission report is considered by the court,” he said.

A plea, filed by five Delhi-based women, sought permission to worship Hindu deities whose idols are located on the outer wall of Gyanvapi Mosque every day. The court appointed a committee to survey and videograph the basements in the Gyanvapi-Gauri Shringar complex and asked it to submit the report by May 10.

The survey was stalled amid protests by the mosque committee, which claimed that the advocate commissioner appointed by the court did not have the mandate to film within the premises. The committee accused him of bias and filed a plea for his replacement.

However, the Varanasi civil court, on May 12, ordered the committee to continue the survey and submit a report by May 17. The mosque committee moved the Supreme Court seeking a stay on the survey of the complex.

But, the survey began on May 14 amid tight security. On the first day, four rooms in the basement were videographed - three rooms belonged to the Muslims and one to the Hindus. According to sources, 50% of the survey was completed.

The next day, the western wall of the Gyanvapi complex, where, even today, the remains of the demolished Hindu temple are visible, was surveyed. The fourth room was opened.

The court-mandated videography survey of the Gyanvapi Masjid complex was completed on May 16. A lawyer from the Hindu side claimed that a shivling was found inside the wazukhana or the reservoir inside the mosque complex.

The Supreme Court ordered local authorities to protect the shivling while ensuring that namaaz is not stopped.

Courtesy: India Today