SC sends Gyanvapi case to UP court

Says process to ascertain religious character of place of worship not barred under 1991 Act

The Supreme Court on Friday transferred the civil suit filed by Hindu devotees on Gyanvapi mosque from civil judge (senior division) to the district judge, Varanasi saying looking at the “complexities” and “sensitivity” of the issue, saying it is better if a senior judicial officer having an experience of over 25-30 years handles this case.

In an important observation, the top court also said that the process to ascertain the religious character of a place of worship is not barred under the Places of Worship Act of 1991. A bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha said that the matter involves complexity and sensitivity and it would be better if a district judge handles the case and made it clear that it is not casting any aspersion on the civil judge (senior division) who was earlier dealing with the suit. “Having regard to the complexities of the issue involved in the case, in the civil suit and their sensitivity, we are of the considered view that the suit before the civil judge (senior division) Varanasi should be tried before a senior and experienced judicial officer of the Uttar Pradesh Higher Judicial Service,” the bench said.

“We accordingly order and direct that the suit shall stand transferred from the file of civil judge (senior division) Varanasi to the court of the district judge, Varanasi for trial, and all the interlocutory and ancillary proceedings in the suit shall be addressed to and decided by the court of the district judge,” the bench said.

The top court directed the district judge to decide on the priority of the application under Order 7 Rule 11 of CPC (on maintainability) filed by the Mosque committee, which said that the civil suit is barred by a 1991 law of Parliament, be decided upon the transfer of papers of suit from the civil judge (senior division).