Gyanvapi Masjid Case: SC To Resume Hearing Today As Proceedings Stayed At Varanasi Court

On May 17, the Supreme Court had said it needs to balance the rights of contesting parties in the Gyanvapi Masjid Case

The SC bench asked the civil court in Varanasi to not proceed with hearing the Gyanvapi case till its Friday hearing.

Source : Getty Images | PTI

New Delhi: The Supreme Court is set to take up the Gyanvapi case on Friday after the hearing was deferred due to the Hindu side's counsel being indisposed. A bench of Justices DY Chandrachud, Surya Kant, and PS Narashima was informed by advocate Vishnu Shankar Jain that lead counsel Hari Shankar Jain for the Hindu devotees in the civil suit was indisposed for Thursday, as he was discharged from the hospital on Wednesday. The SC bench asked the civil court in Varanasi to not proceed with hearing the Gyanvapi case till its Friday hearing.

"We accordingly direct the Trial Court to strictly act in terms of the above arrangement and to desist from taking up further proceedings in the suit in view of the consensus which has been arrived at between the parties," the bench said in its order, as reported by news agency PTI.

The bench directed for the listing of the matter before it on May 20 at 3 pm and said that the Registry may seek the administrative directions of the Chief Justice of India so that the Bench may be constituted.

At the outset, advocate Vishnu Shankar Jain mentioned the matter and urged the court to take up the matter for a hearing on Friday.

Senior advocate Huzefa Ahmadi, appearing for the Committee of Management Anjuman Intezamia Masjid, contended rgar several applications have been filed across the country to "seal" various mosques, and in the Gyanvapi case in Varanasi, the hearing is going on and an application has been filed to "demolish" a wall around the wazukhana' (ablution room).

Ahmadi said that he cannot oppose adjournment on the grounds of the health of a counsel but an undertaking should be given that Hindu devotees will not proceed with the civil court proceedings.

He deemed it necessary that the Trial Court continuing to hear the proceedings may desist from doing so until this Court takes up the proceedings on Friday.

Advocate Vishnu Shankar Jain said that the Hindu parties are assuring the bench that they would not proceed with the hearing before the civil court at Varanasi and would not press any further until the Court takes up the matter on Friday.

SC Stressed Need To Balance Rights Of Contesting Parties

On May 17, the Supreme Court had directed the district magistrate of Varanasi to ensure the protection of an area inside the Gyanvapi-Shringar Gauri complex where a 'Shivling' is said to have been found during the last day of the three day survey. It further asked for Muslims to be allowed to offer 'namaz' and perform religious observances .

The apex court said it needs to balance the rights of contesting parties and clarified that the order of the civil judge (senior division), hearing the plea of petitioner Hindu devotees, directing authorities to ensure the protection of the area would not restrict and impede the rights of Muslim to offer Namaz and to perform religious observances.

The Muslim side has been referring to the Places of Worship (Special Provisions) Act, 1991 and its Section 4 which bars filing of any suit or initiating any other legal proceeding for a conversion of the religious character of any place of worship, as existing on August 15, 1947.

The civil court is hearing a plea by a group of women seeking permission for daily worship of Hindu deities whose idols are located on an outer wall of the mosque.

The video graphics survey of the mosque was ordered on April 18, 2021, by the civil judge (senior division) Varanasi following the plea by Delhi residents Rakhi Singh, Laxmi Devi, Sita Sahu, and others.

The mosque management committee had opposed filming inside the mosque and also accused the court-appointed commissioner of being partisan. Amid the opposition, the survey was stalled for a while.

The original suit was filed in 1991 in the Varanasi district court for the restoration of the ancient temple at the site where the Gyanvapi mosque currently stands.