J Chandrachud : We are not casting any aspersions on the judicial officers. All three of us (Justices Kant and Narasimha) had a fairly long discussion about what should be the best course to be adopted.
Vaidyanathan : So for that limited purpose of seeing the commission report, let the trial court see.
J Chandrachud : We get your point. We will leave it to the District Judge, who is a seasoned hand with 20-25 years experience, they know how to handle it.
Vaidyanathan : According to me, the SLP has become infructuous as all the impugned orders have been implemented. As far as Order 7 Rule 11 application to be decided, the religious character of the property has to be seen. For that the Commission report has to be seen.
J Chandrachud : This will protect the interests of all parties.
J Chandrachud : And third thing, in a matter of fair amount of complexity and sensitivity, we are of the view that the suit should be heard by a District Judge. We are not casting aspersions on the trial judge. But in a matter like this, a more seasoned hand is better.
Justice Chandrachud : Three suggestions on what we could do at this stage. One, we can say let the trial court dispose of the application filed under Order 7 Rule 11. Two, we have passed an interim order, that can continue until the application under Order 7 Rule 11 is disposed.
Sr Adv CS Vaidyanathan says he is appearing for one of the plaintiffs before the trial court.
Bench assembled
The Special bench will assemble soon
On May 17, the Court had directed for protection of the spot where #ShivLing was stated to be found and clarified that there will be no obstruction to the rights of Muslims for namaz & religious observances.