The Supreme Court on July 21 did not act on a plea made by caretakers of the Gyanvapi mosque in Varanasi to first decide the correctness of a local court’s ex parte order to appoint an advocate commissioner, whose survey paved the way for the reported finding of a shivling and sealing of a part of the mosque premises.
A Special Bench led by Justice D.Y. Chandrachud instead chose to wait for the decision of the Varanasi District Judge on an application filed by the caretakers, Anjuman Intejamia Masjid, challenging the very maintainability of a civil suit filed by several Hindu women for declaration of their right to worship Maa Shringar Gauri and other “visible and invisible deities" within the mosque premises. It was this suit that had initially triggered a series of orders by a Civil Judge, including the inspection of the mosque premises.
The Bench said in case the District Judge rules in favour of the Anjuman, the civil suit of the Hindu women would itself “fall”, leaving the advocate commissioner’s work redundant. On the other hand, if the District Court upholds the suit, the caretakers could pursue other remedies in law.
