Mumbai: The Gyanvapi Mosque case will be heard by a higher court in UP, the Supreme Court ordered on Friday. The case has been transferred from Civil Judge (senior division), Varanasi to District Judge, Varanasi.
The top court was hearing a plea by the Anjuman Intejamiya Masjid Committee, which manages the mosque, against the Varanasi district court’s order to conduct a video graphics survey of the mosque complex adjoining the famous Kashi Vishwanath temple in Uttar Pradesh.
Hindu groups claimed the right to worship inside the mosque amid reports that a Shivling was found inside the premises.
Stating that it was on a mission to maintain the balance of the nation, the SC said the May 17 order would continue to protect the place where a Shivling was allegedly found, while the Varanasi district magistrate will make arrangements for ‘wuzu’ (ablution) inside the mosque.
During the hearing, Justice Chandrachud said, “Please do not forget that we are in a joint mission to maintain the balance of the nation.”
“Another thing which weighed with us, the interim order passed by us, we are weighed with a need to have a sense of balance on the ground and to have a sense of calm. There is a certain degree of healing touch with the interim order of the Supreme Court,” the SC judge said.
Regarding its suggestion on hearing the matter by the district court, the SC said, “A slightly more experienced and mature hand should hear the matter. We’re not making aspersion on the trial judge. But a more seasoned hand should deal with this case and it’ll benefit all parties,” the SC said.
The top court also suggested that the puja inside the mosque be heard by a district judge. The Supreme Court said that on the plea of the Masjid Committee, the District Judge will decide that the hearing on behalf of the Hindu side is not maintainable and till then the interim order – protection of Shivling area, free access to Muslims for Namaz will continue.
However, senior advocate Huzefa Ahmadi, appearing for the masjid committee, told the apex court that all the orders passed by the trial court from the beginning were capable of creating great public mischief.