Gyanvapi row: SC lists Muslim side's plea for hearing in Oct; to await trial court's order

In the Gyanvapi Mosque-Shringar Gauri Temple complex case, the Supreme Court said that it would await the decision of the Varanasi District Court on the application filed by the Anjuman Intezemia Masjid Committee questioning the maintainability of the suit filed by Hindu plaintiffs. The bench comprising Justices DY Chandrachud, Surya Kant, and PS Narasimha adjourned the hearing of a plea filed by the Committee challenging the Civil Court's orders for commission survey of the mosque. The hearing has been listed for the first week of October. 

"Now everything will depend on what the Judge will decide on Order 7 Rule 11 (the rule that questions the maintainability of the suit). If he upholds the objection, the suit goes. As regards the commission report, every party is entitled to file objections," Justice Chandrachud said. 

Besides, the apex court also declined to entertain two fresh petitions. One seeking the right to worship the Shivling said to be found during the survey at the disputed Gyanvapi site, and the second, the carbon-dating and the GPS survey. 

"How can we hear it when the original petition has not been decided, you withdraw your petition? You go by the discipline of the proceedings. You can address these issues before the trial court and not under Article 32 petition," the Bench said. Article 32 affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.

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. 

Shivling found in Gyanvapi

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. In the report of the survey accessed, there is a mention of a Shivling being found in the 'wazu khana' in the disputed premises. 

Through an order dated May 20, the Supreme Court transferred the Gyanvapi Mosque case from a Civil judge to the District judge in Varanasi. The apex court, looking at the “complexities” and “sensitivity” of the issue, had held that it is better if a senior judicial officer with experience handles this case.

Image: PTI