Gyanvapi Mosque Case: Supreme Court agrees to hear plea on November 10

Gyanvapi Mosque Case: The Supreme Court, on Monday, decided to hear a plea regarding a dispute surrounding the Gyanvapi mosque in Varanasi on November 10. 

Advocate Vishnu Shankar Jain informed a  bench of justices DY Chandrachud and Hima Kohli that the matter needs an urgent hearing as the court's order to protect the area of the mosque where a "Shivling" is said to have been discovered during a survey expires on November 12. 

"Our difficulty is that the court's interim order is coming to end on November 12," Jain stated. Following this, the bench gave its nod to hear the plea on November 10.

Considering the "complexities" and "sensitivity" of the matter, the top court on May 20 transferred a civil suit brought by Hindu devotees against the Gyanvapi mosque to the district judge in Varanasi. The Apex court had contended that it would be better if a senior judicial officer with more than 25-30 years of experience handles the case.

Further, the Supreme Court also made a significant comment that the Places of Worship Act of 1991 does not prohibit a process to determine a place of worship's religious character.

It had said the matter involves complexities and sensitivity and it would be better if a district judge handles the case and made it clear that it is not casting any aspersion on the civil judge, who was earlier dealing with the suit.

The top court had also directed the district judge to decide on the priority of the application under Order 7 Rule 11 of the Code of Civil Procedure (on maintainability) filed by the mosque committee, which had said the civil suit is barred by a 1991 law of Parliament, upon the transfer of the papers of the suit from the civil judge.

It had said its earlier interim order of May 17, directing protection of the area where the "Shivling" is said to be found and allowing Muslims to offer namaz on the mosque premises, shall remain in operation till the maintainability of the suit is decided by the district judge and thereafter, for eight weeks to allow the aggrieved parties to approach a higher court.

"The interim order of this court dated May 17, 2022, shall continue to remain in operation pending the disposal of the application under Order 7 Rule 11 of the CPC and thereafter, for a period of eight weeks to enable the parties, which are aggrieved by the order of the district judge, to pursue rights and remedies in accordance with the law," the apex court had said.

SC directed district magistrate to make arrangements for 'wazu'

It had also directed the district magistrate to make adequate arrangements for "wazu" (ablution) for those coming to the mosque to offer namaz, in consultation with the parties involved in the dispute.

On May 17, the top court had directed the Varanasi district magistrate to ensure the protection of the area inside the Gyanvapi-Shringar Gauri complex, where the "Shivling" is said to be found and allowed Muslims to offer namaz.

"Balancing the equity", the top court, while hearing a plea moved by the management committee of the Anjuman Intezamia Masjid, which manages the Gyanvapi mosque, passed the order and refused to stay the ongoing proceedings before the lower court.

It's necessary to balance the rights of contesting parties: SC

The top court had said it needed to balance the rights of the contesting parties and clarified that the order of the civil judge would not restrict and impede the rights of Muslims to offer namaz and perform religious observances.

The Muslim side to the dispute has been referring to the Places of Worship (Special Provisions) Act, 1991 and its section 4, which bars the filing of a suit or initiating any other legal proceeding for the conversion of the religious character of any place of worship, as existing on August 15, 1947.

(With inputs from PTI)

Also Read: Gyanvapi row: Fast-track court to pronounce verdict on 'shivling' worship on Nov 8

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