Gyanvapi case: Supreme Court refuses relief in Muslim party's challenge to appointment of commissioner; Hindu party's plea to worship Shivling

The Supreme Court on Thursday refused to grant relief for now in a plea challenging the Allahabad High Court order which upheld the appointment of the court commissioner to conduct a survey of the Gyanvapi Mosque in Varanasi as it sought to await the Varanasi District Judge order on the Order 7 Rule 11 application by the Masjid committee. .A Bench of Justices DY Chandrachud, Surya Kant and PS Narasimha said that it would await the Varanasi district judge's decision on the objections filed by the Muslim parties before that. "We had transferred the case to district judge and had allowed prayers. Now if the judge upholds Order 7 Rule 11, then the suit goes but if he does not...then evidence comes...like the commissioner report. Why keep this case alive here then," the Court observed. The Court had earlier issued notice in the matter after the Allahabad High Court had rejected the plea. The appeal will now remain pending and the prayer to set aside the appointment of the Commissioner can be raised after the District Judge gives his decision on an application by Muslim party under Order VII Rule 11 challenging the maintainability of the suit filed by Hindu party..The Court also refused to entertain another plea seeking worship rights over the Shivling found during the survey conducted by the commissioner. Justice Chandrachud told counsel for the petitioner,"This is a PIL filed by petitioner in person. How can such a prayer be considered? How can you come under Article 32? You are such a seasoned lawyer, pursue your remedies under suit...you can address these issues before the trial court and not under Article 32 petition.".In April this year, the Allahabad High Court had upheld a trial court order allowing a court-appointed commissioner to inspect, conduct survey and videography of the Mosque. The appeal before the High Court arose from a suit filed in a lower court by Hindu parties claiming that the Mosque houses Hindu deities and that Hindus should be allowed to worship and do pooja at the site.Subsequently, the Masajid Committee filed a plea before the lower court claiming that the court commissioner was biased and should be replaced. The same was dismissed, paving the way for the survey. The Muslim parties then moved the Supreme Court in appeal..In May, the Supreme Court had transferred the case being heard by the Civil Judge, Varanasi to a senior and experienced judicial officer of UP judicial services, in light of the sensitivity of the matter.While doing so, it had ordered that the Shivling stated to have been found during the survey of the Mosque be protected. It had also lifted the prohibition imposed by a Varanasi court on Muslims from entering the Mosque.The Court had also directed the district magistrate to make appropriate arrangements for Wazu (washing of feet and hands before offering prayers) at the Mosque in consultation with parties..[Read order]