New Delhi: The Supreme Court on Thursday said that it will hear the Vyanvapi mosque committee's plea with objections to the maintainability of the civil suit filed by Hindu petitioners, after hearing the Varanasi district judge's decision on the same.
The bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha said it was posting the hearing on the appeal for October first week. The mosque committee filed the appeal with the plea against the Allahabad High Court order upholding the appointment of court commissioner to survey the site.
The Varanasi court will, on Thursday, hear the arguments on the maintainability of a plea by five Hindu women seeking permission to worship the Shringar Gauri Sthal within the Kashi Vishwanath-Gyanvapi Masjid complex.
Earlier, a structure resembling a Shivling was found on the mosque complex. The Masjid committee contested that it was a fountain and not a Shivling. The trial court appointed a commission to make a survey at the site and file a report.
In the Supreme Court, Senior Advocate Huzefa Ahmadi appearing for the Masjid Committee argued that the order for commission survey is ex-facie without jurisdiction.
The bench said that it has been apprised of the fact that proceedings before the District Judge are still underway and it would be appropriate if the appeal of the mosque committee is kept pending till the outcome of the application filed under Order 7 Rule 11 questioning the maintainability of the suit.
On May 20, the top court transferred the civil suit filed by Hindu devotees on Gyanvapi mosque from civil judge (senior division) to district judge, Varanasi saying looking at the complexities and sensitivity of the issue, it is better if a senior judicial officer having an experience of over 25-30 years handles this case.
On Advocate Huzefa repeated plea that the trial court not be allowed to decide on the matter, as it had already rejected the Committee's earlier petition, the SC bench noted that the district court would hear his objections again, uninfluenced by the verdict.
Therefore, the bench decided to keep the mosque committee's petition on hold and let the district court give its verdict.
(With inputs from PTI and livelaw.in)