From Our Bureau
NEW DELHI: The Supreme Court on Friday wanted the district judge of Varanasi to handle the case of Gyanvapi Mosque adjacent to the Kashi Vishwanath Temple.
“A slightly more seasoned and mature hand should hear this case. We’re not making an opinion on trial judge. But more seasoned hand should deal with this case and it’ll 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 supposed ‘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. On Thursday, it had asked the trial court of Varanasi not to proceed with the hearing until it takes up the matter again on Friday.
The Allahabad High Court Friday adjourned the hearing of the Kashi Vishwanath temple-Gyanvapi mosque case till July 6. The HC was hearing a petition challenging the suit pending in the Varanasi court regarding the dispute. As many as six petitions have been filed in the High Court over the matter. The Varanasi trial court is to resume hearing the case on May 23, but it may now go before the district court in view of the Supreme Court’s observation.
The two reports on a videography survey of the Gyanvapi mosque complex, submitted in the Varanasi court Thursday, state that debris of old temples were found at the corner of the northern and western walls outside the barricading, and Hindu motifs such as bells, kalash, flowers and trishul were visible on pillars in the tehkhana (basement).
Senior Advocate Huzefa Ahmadi appearing for the Muslim plaintiff said 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 probe, 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, noting that it is only thinking there is an overlap in arguments of Muslim side in appeal and case in Varanasi, and so it keeps the appeal pending. “Depending on outcome before Varanasi court, we will decide future course of action.”
