SC transfers Gaynvapi suit to District Judge; read full order

On Friday, the Supreme Court after hearing the arugments from both sides said that the district judge, Varanasi, will first decide maintainability of civil suit filed by Hindu devotees upon transfer of papers.

The Supreme Court heard the plea of the management of Gyanvapi mosque against the survey of the Gyanvapi-Shringar Gauri complex in Varanasi in Uttar Pradesh.

During the hearing, the bench comprising the Justices DY Chandrachud, Surya Kant and PS Naramsimha, noted that selective leaks must stop.

The apex court also said that its earlier direction on protection of 'Shivling' area and permission to Muslims to offer Namaz would remain in operation.

The bench directed the District Magistrate, Varanasi, to ensure adequate arrangement of 'Wazu' for Muslims offering Namaz in Gyanvapi mosque.

Highlights of the order as pronounced orally by Justice Chandrachud:

- Having regards to complexities involved in civil suit and the sensitivity we are of the view that the suit before the Judge, Varanasi should be tried before a senior and experienced judicial officer of UP Higher Judicial Service.

- We accordingly order and direct that the Civil Suit from Civil Judge Senior Division Varanasi shall stand transferred to District Judge Varanasi and all interlocutory applications shall stand transferred.

- The application filed under Order 7 Rule 11 CPC shall be decided on priority by the District Judge.

- The interim order dated May 17 of this Court shall continue in operation till Order 7 Rule 11 is decided and for a period of 8 weeks thereafter.

- Unless adequate arrangements for observance of wuzu has been made by the District Magistrate, we request the District Magistrate, in consultation with the parties, to make appropriate arrangements for the observance.

- The order which was passed by the CJ, Senior Division, Varanasi on May 16, 2022, shall stand subsumed by the terms of the orders of this court dated May 17 pending further orders.

- The bench  directs the District Magistrate for making wazu arrangements after consulting with parties

- SLP of Masjid Committee kept pending. To be listed after vacations.