The Supreme Court on ordered that the district judge in Varanasi should decide the maintainability of the civil suit in the Gyanvapi-Kashi Vishwanath dispute. The suit’s genesis lies in both Hindus and Muslims staking claim to worship at the disputed mosque.
“A slightly more seasoned and mature hand should hear this case. We’re not giving an opinion on the trial judge. But a more seasoned hand should deal with this case and it will benefit all parties,” said the apex court's Bench headed by Justice D Y Chandrachud.
The Bench said it won't comment on the merits of the case and that the interim order (on protecting the 'shivling' in the mosque) can continue for now, stating that this is a complex and sensitive matter and it needs a degree of healing touch.
The court in its order on Friday also directed the District Magistrate to make appropriate arrangements for Wazu (washing of feet and hands before offering prayers) at the mosque in consultation with parties. The Apex Court has already lifted the embargo on Muslims from entering the mosque and offering namaz.
The Varanasi trial court is to resume hearing the case on May 23.
A ‘sealed report’ on a survey of the mosque complex, submitted in the Varanasi court on Thursday and shared by the lawyers, states that debris of old temples has been found on the premises; also, motifs such as bells, ‘kalash’, flowers and trishul (trident) were eteched on pillars in the ‘tehkhana’ (basement).
Senior Advocate Huzefa Ahmadi, appearing for the Muslim petitioners, argued before the top court that the orders passed from beginning in the case are capable of creating great public mischief.
Frowning at the selective leaks of the sealed report, the Apex Court said: "We are here in a joint mission to preserve a sense of unification in the country. Once a commission report is there, there cannot be selective leaks. Do not leak things to the press. Only judge opens the report." It suggested that the report be opened only by the district judge.
The Supreme Court said it will examine everything. "Depending on the outcome before Varanasi court, we will decide the future course of action."
