Supreme Court transfers Gyanvapi suit to Varanasi district judge, says experienced officer needed

The bench also directed the district magistrate to make adequate arrangements for ‘wazu’ (ablution) for the Muslims coming for offering Namaz

The Supreme Court Friday transferred the civil suit filed by Hindu devotees on Gyanvapi mosque from civil judge (senior division) to district judge, Varanasi saying looking at the complexities and sensitivity of the issue, it is better for a senior judicial officer to handle the case.

The Supreme Court on Friday transferred a plea filed by Hindu devotees seeking to pray at the Gyanvapi mosque complex, to district judge, Varanasi, while saying the determination of character of a shrine is not prohibited under the Places of Worship (Special Provisions) Act, 1991.

Senior advocate Huzefa Ahmadi, arguing for Anjuman Intezamia Masjid questioned the appointment of a judicial commissioner in the suit as it was barred under the 1991 law.

Read | Babri plaintiff warns of 'agitation' if Gyanvapi, Shahi Idgah mosques taken by 'force'

A three-judge bench presided over by Justice D Y Chandrachud, however, said there are various nuances of the Act which will fall for consideration.

"The ascertainment of religious character is not barred under the Act. The ascertainment of religious character of a place as a processual instrument may not fall foul of Section 3 or 4 of the Act. These are matters where we will not hazard an opinion. We are in a dialogue," the bench said.

The court pointed out a scenario where a place of worship has both an Aghyari (Parsi temple of fire) and 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," the bench, also comprising Justices Surya Kant and P S Narasimha, said.

The 1991 Act — which had mandated maintaining character of all shrines as prevailed on August 15, 1947, would become a dead letter — if the suit is allowed to be heard, Ahmadi claimed.

The court, however, said the suit filed by a group of women led by Rakhi Singh, which was till now heard by a Civil Judge (senior division) Varanasi, should be examined by a senior and experienced judicial officer of UP Higher Judicial Service in view of the complexity and sensitivity of the matter.

The court ordered the District Judge should examine the maintainability of the suit on priority as sought by Committee of Management Anjuman Intezamia Masjid Varanasi. It also directed that its interim order passed on May 17 for protecting 'Shivling' as claimed by Hindu side should remain in operation till maintainability of the suit is decided and thereafter for eight weeks to enable parties to pursue legal remedies.

The court also directed the District Magistrate Varanasi to make arrangement for 'vazu' (ablution for Muslims) before offering namaz.

During the hearing, Ahmadi contended the suit is attempting to alter the status quo in existence for 500 years. He also questioned selective leaks of the Commissioner's report on videographic survey.

"There is a narrative being created. Commission reports are being leaked selectively. This is disturbing communal harmony. Don't look at this from the point of one suit alone. Look at the ramifications across the country," he said.

The court, however, said its interim order on May 17 would balance the interests of contesting parties. It also said selective leaks of the Commissioner's report must stop.

The court put the matter for consideration in July.