करंट टॉपिक्स

Supreme Court – Gyanvapi-kashi Vishwanath Temple dispute transferred to District Court

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New Delhi. Supreme Court has transferred the suit filed by Hindu devotees in connection with the Gyanvapi complex-Kashi Vishwanath Temple dispute, to the District Court in Varanasi. The suit was filed before the Civil Judge Senior Division, alleging that the Mosque was built after Lord Vishweshwar’s temple was destroyed by Mughal emperor Aurangzeb.

The bench of Justices DY Chandrachud, Surya Kant and PS Naramsimha ordered….

Having regards to complexities involved in civil suit & 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 before Civil Judge Senior Division Varanasi shall stand transferred to District Judge Varanasi and all interlocutory applications shall stand transferred.

 Today, the Court ordered,

“Having regards to complexities involved in civil suit & 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 before 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 O 7 R 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 direct 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.”

Meanwhile, its interim order dated May 17 shall continue in operation till the application is decided and for a period of 8 weeks thereafter. Further, the concerned District Magistrate has been directed to make proper arrangements for observance of wuzu.

In its May 17 order, the Supreme Court had clarified that the order passed by the Civil Judge Senior Division at Varanasi to protect the spot where a “shiv ling” was claimed to have been found during the survey of the Gyanvapi mosque will not restrict the right of Muslims to access the mosque to offer namaz and to perform religious observances. It had also directed the District Magistrate concerned to ensure that the place inside the Mosque where ‘Shiv Ling’ is stated to have been found is protected.

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