Gyanvapi-Mosque Case Hearing in Supreme Court Latest Update: The Supreme Court on Thursday refused to hear a plea filed by the Anjuman Intezemia Masjid Committee, the panel responsible for the management of the Gyanvapi mosque, questioning the maintainability of the suit filed by Hindu plaintiffs, stating that it will await the order of the Varanasi trial court in the matter. A bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha accordingly adjourned the hearing in a Special Leave Petition filed by the Gyanvapi mosque committee challenging an Allahabad High Court order, upholding the appointment of a court commissioner to survey the site.
During the hearing, the court noted that since proceedings before the District Judge are still underway, it would be appropriate if the appeal of the mosque committee is kept pending till a decision is arrived at on the application filed under Order 7 Rule 11 by the Muslim side questioning the maintainability of the suit.
The Supreme Court had on May 20 transferred the civil suit filed by the Hindu side from civil judge to the district judge, Varanasi, citing the complexities and sensitivity of the issue.
The top court on Thursday also refused to entertain two writ petitions filed by the Hindu side seeking right to worship the ‘Shivling’ it claims has been found in the mosque during the survey and had also sought its carbon dating and GPS survey. The bench noted that such issues were required to be raised in the suit itself and that the petitioners were at liberty to pursue other remedies available under law. Both writ petitions were subsequently withdrawn by the petitioners.
On May 17, the Supreme Court had clarified that the order passed by the Varanasi civil judge to protect the spot where a ‘Shivling’ was claimed to have been found should not restrict the Muslims’ right to offer prayers at the mosque and perform religious observances, including Wazu. The top court had also directed the District Magistrate to ensure that the place inside the mosque where the ‘Shivling’ is claimed to have been found is protected.