Gyanvapi case: Varanasi District Court reserves order, to be pronounced tomorrow

The Varanasi District Judge on Monday reserved the order in the Gyanvapi mosque case. The verdict is expected to come tomorrow (May 24). During the proceedings, the maintainability of the Places of Worship Act, 1991 was raised by the Muslim side. The Act provides for the maintenance of the religious character of any place of worship as it existed at the time of independence, barring only one exception-- the Ayodhya-Babri Masjid dispute.

The bench headed by Varanasi District Judge Dr AK Vishvesha also accepted the copy of the survey report prepared by ousted commissioner Ajay Mishra. Although Mishra was removed from the case for allegedly 'leaking information', his successor Vishal Singh had stated that his report was eligible for submission too.

In another important development, the Hindu side also filed an application under 156 (3) CrPC before Chief Judicial Magistrate for registration of FIR under sections 153A(2) and 505 (3) IPC against persons who allegedly performed wuzu (between May 16-19) in the wuzu khana where Shivling was stated to be found. Notably, the Varanasi Civil Court, as well as the Supreme Court had ordered for the site to be protected, and alternate arrangements to be made for wuzu elsewhere.

SC transfers Gyanvapi Mosque case to District Judge

The Supreme Court bench headed by the bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha on Friday, May 20, ordered the transfer of the Gyanvapi mosque case to the District Judge, Varanasi. While hearing Anjuman Intezamia Masajid Committee's plea against a Varanasi court order which directed a videography survey of the Gyanvapi Mosque complex close to the famous Kashi Vishwanath Temple, the top court said that a 'slightly more mature and seasoned hand' should handle the case.

During the hearing, the SC had also observed that the application filed by the mosque committee challenging the maintainability of the suit 'shall be decided on priority by the District Judge upon the transfer of the suit". Further, the Court directed District Magistrate (DM) to protect the area where the Shivling was formed.

The May 17 interim order for sealing the spot where the 'Shivling' was found, without impeding namaz will continue till the Order 7 Rule 11 application is decided, it ruled, asking for alternate arrangements to be made for wazu. 

The apex court had also observed that there should be no 'selective leaks' of the Gyanvapi survey report. "We are here in a joint mission to preserve a sense of unification in the country. Once commission report is there, there cannot be selective leaks. Do not leak things to the press. Only judge opens the report," the bench said.