Gyanvapi row: Varanasi District Court to begin hearing today after SC transfers case

With all the case papers transferred, District and Sessions Judge is all set to hear the Shringar Gauri-Gyanvapi mosque lawsuit on Monday. The suit was transferred from the Civil Judge (senior division) to the District and Sessions Judge on May 21, on the order of the Supreme Court.

During the hearing on the said date, the apex court observed that a "slightly more mature hand" should handle the Gyanvapi mosque case, given its sensitivity. While assuring that no aspersions were being cast on the Civil Judge, the SC had said that both parties would benefit more from a 'seasoned hand' and transferred the case to a senior and experienced judicial officer of the Uttar Pradesh Higher Judicial Service- the District and Sessions Judge. 

SC refuses to put a stay on Shringar Gauri-Gyanvapi mosque lawsuit

The present legal battle began with a petition filed seeking permission for daily worship and observance of rituals of Goddess Shringar Gauri, Lord Ganesha, Lord Hanuman and Nandi located at the back of the western wall of the Gyanvapi Mosque. The petitioners contended that Goddess Shringar Gauri existed at the spot since times immemorial and urged the court to ascertain the same.

On April 26, Varanasi's Civil Judge (Senior Division) Ravi Kumar Diwakar ordered a videography survey to ascertain the petitioners' claim. While a team led by court commissioner Ajay Kumar Mishra conducted a partial survey of some areas outside the mosque on May 6, they were prevented from entering the mosque complex the next day owing to a dispute over the interpretation of the court order. Finally, the court allowed the videography survey of the Mosque premises, which was completed on May 16. Though Ajay Mishra was dismissed from the office of Advocate Commissioner after a complaint was filed

Dissatisfied with the order, the Anjuman Intezamia Masajid Committee moved the Supreme Court seeking a stay on the survey of the Kashi Vishwanath temple-Gyanvapi Masjid complex. The masjid committee, in its plea, argued that the proceedings in the original suit filed in 1991 are already stayed by the high court.

The bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha though did not put a stay, transferred the case from the  Civil Judge to the District and Sessions Judge, and directed the petition 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'.