Lawyers associated with the case told that the Supreme Court feels that this matter is very complex and sensitive. It needs the monitoring of a more experienced judge. In view of this, the hearing of the case has been transferred from the Civil Judge to the District Judge.
What has the Supreme Court ordered?
With the transfer of the hearing of the Gyanvapi case to the District Judge, the Supreme Court has said many important things. He has asked the district judge to hear the matter on priority basis. All the proceedings which were pending with the Civil Judge will now be transferred to the District Judge. The court has said that District Judge Varanasi will first decide on the civil suit filed on the transfer of papers on behalf of Hindu devotees. The top court has asked the District Magistrate of Varanasi to ensure adequate arrangement of ‘Wazu’ for Muslims offering prayers at the Gyanvapi Masjid. Apart from this, the court has said that its earlier instructions on the security of the mosque premises from where the Shivling has been claimed to come out and allowing Muslims to offer prayers will continue to apply.
Did the Supreme Court not trust the Civil Judge?
No, this is wrong to understand. There is no question of trust here. Here it is all about experience. A bench of Justices DY Chandrachud, Surya Kant and PS Narasimha also clarified this while transferring the case. He said that he was not leveling any allegation against the Civil Judge (Senior Division) who was earlier handling the trial. They only understand that someone more experienced should see it.
Is the Supreme Court’s decision a victory for the Muslim side?
It is wrong to conclude this. The matter has only been transferred. The Supreme Court has not talked about anyone’s side in this. Considering the complexity and sensitivity of the case, he has transferred it to a more experienced judge. Now he has to deliver the verdict in this matter. In this way, it can be said that the ball has come from the court of the civil judge to the court of the district judge. It would not be right to associate it with the victory or defeat of either side. Overall, the Supreme Court has tried to strike a balance in the matter. Now the District Judge will decide what is right and what is wrong.
How much trust does the Muslim side have on the district court?
The Muslim side repeatedly argued in the Supreme Court that the 1991 Act was made to prevent any mischief. Communal harmony is getting disturbed due to this whole matter. It should not be seen from the point of view of only one suit. Its effects should be seen across the country. However, this argument was rejected by the Supreme Court. She said the suit has a process. How can this be a violation of the law? It is necessary to follow the rules which are there. That is why the Supreme Court cannot interfere in that.