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SC transfers Gyanvapi Masjid case in Varanasi to District Court

In a major decision taken Friday, the Supreme Court of India directed the transfer of the case pending before Civil Judge, Senior Division to the District Judge Varanasi for trial

Friday May 20, 2022 6:06 PM, ummid.com with inputs from Agencies

Gyanvapi Masjid Case Today

New Delhi: In a major decision taken Friday, the Supreme Court of India directed the transfer of the case pending before Civil Judge, Senior Division to the District Judge Varanasi for trial.

A SC bench, headed by Justice D.Y. Chandrachud and comprising Justices Surya Kant and P.S. Narasimha, said taking in view of complexity of the issues involved in the suit and the sensitivity, the suit before Civil Judge, Senior Division, Varanasi should be tried before a senior and experienced judicial officer of the Uttar Pradesh Higher Judicial Service.

"This is a complex and sensitive matter. We think that the suit should be heard by a district Judge instead of a trial Judge. Because better if a more seasoned hand hears it," the court said.

The Supreme Court had on Thursday asked the Varanasi Court to desist from hearing Gyanvapi Masjid survey case.

The top court also asked Varanasi's District Magistrate to consult with parties to ensure that appropriate arrangements are made for 'wuzu' (pre-prayer abolutions).



The SC bench also said its interim order of May 17, directing protection of the 'Shivling', claimed to have been discovered during the survey in Gyanvapi mosque, without impeding the right of Muslims to offer namaz there, would continue, pending disposal of application challenging maintainability of the suit by Hindu parties, and thereafter for a period of 8 weeks.

The Supreme Court also said the "need for fraternity between communities and need for peace is topmost" for the court.

"We need a sense of balance and calm on the ground. We need a degree of healing touch. We are on a joint mission for preserving a sense of balance in the country," said Justice Chandrachud.

Senior advocate Huzefa Ahmadi, representing the Committee of Management Anjuman Intezamia Masajid Varanasi, contended that the status quo of 500 years had already changed by sealing the premises and added that the status quo, which existed before, must continue.

Anjuman Intezamia Masajid Varanasi had earlier rejected the discovery of 'shivling' in the mosque. The Intexamia said what is being claimed to be shivling is actually broken part of a fountain.

 

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