Gyanvapi-Kashi Title Dispute: Mosque Committee Objects To Transfer Of Cases To Allahabad HC's CJ-Bench After Verdict Reserved By A Different Bench
The Anjuman Intezamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) today objected to the transfer of Gyanvapi Mosque-Kashi Vishwanath Temple title dispute cases to the bench of Chief Justice, almost a month after the verdict in the cases was reserved by a different bench of the High Court.When the matter was taken up by Chief Justice Pritinker Diwaker, Senior Counsel SFA...
The Anjuman Intezamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) today objected to the transfer of Gyanvapi Mosque-Kashi Vishwanath Temple title dispute cases to the bench of Chief Justice, almost a month after the verdict in the cases was reserved by a different bench of the High Court.
When the matter was taken up by Chief Justice Pritinker Diwaker, Senior Counsel SFA Naqvi raised his objection regarding the transfer of cases as he submitted thus:
"We are confused. The judgment was reserved earlier, and today was the date for delivery of the judgment. In these matters before you, the judgment was to be delivered today. It is in the teeth of the full bench of this court [Amar Singh vs. State Of U.P. (CRIMINAL APPEAL No. - 4922 of 2006)], regarding the powers of judges/CJ, forming the benches."
Senior Counsel Naqvi further explained that in the Amar Singh case, a full bench of the HC had ruled that a matter part heard by a bench has to be heard by that very bench itself. However, he further sought time to read and examine the judgment of the full bench in its entirety.
On the other hand, the counsel appearing for the opposite side (Advocate Puneet Gupta) submitted that in cases where even after exhaustive arguments, the judgment has not been delivered, the Chief Justice, on the administrative side, can withdraw the case. It was further added that otherwise, it is settled law that CJ is the master of the roaster and he can decide which bench will hear what matters.
Significantly, during the hearing in the case, the CJ clarified that he would release the matter if the arguments made by the Anjuman Mosque Committee satisfied him.
Before the Court, Senior Counsel Naqvi also submitted that anyone can enter the disputed site (Gyanvapi Mosque premises) as long as they maintain the sanctity of the Mosque. In response to the submission of the counsel for the diety that the devotees are not being allowed to worship the idols, he said that the land in dispute had been exchanged between the Kashi Vishwanath Temple Trust and the Mosque Committee.
#Gyanvapi-#KashiVishwanath Title Dispute Cases | #AllahabadHighCourt's bench of Chief Justice Pritinker Diwaker to shortly begin hearing the matters.Earlier, a different bench of the HC had reserved its verdict in the cases, however, the same will be heard again as the matters… pic.twitter.com/E3LW36y2Eq— Live Law (@LiveLawIndia) August 28, 2023
It may be noted that as reported by LiveLaw on August 25, the Kashi Vishwanath-Gyanvapi Mosque land title dispute cases have been transferred to the bench of Chief Justice. This development came exactly a month after a different bench (comprising Justice Prakash Padia), which had been hearing the matter since August 2021, concluded the hearing and reserved the orders in the matter on July 25.
Coincidently, a bench of Justice Padia was to deliver the verdict in the matters today itself. The reason for the transfer of matters to a different bench could not be ascertained.
The pleas before the Court include a challenge to the maintainability of a suit filed before a Varanasi court, seeking the restoration of a temple at the site where the Gyanvapi mosque exists.
Another plea before the bench is of the Anjuman Masjid Committee (which manages the GYANVAPI MOSQUE), challenging a 2021 order of the Varanasi Court to conduct an archaeological survey of the Mosque complex to determine whether a Hindu temple was partially razed to build the Gyanvapi mosque in the 17th century.
It may be noted that the proceedings in the matter pending before the Varanasi Court were stayed by the Allahabad High Court in September 2021, effectively staying the ASI Survey order as well.
The Varanasi Court's order had come in a petition filed by Advocate Vijay Shankar Rastogi on behalf of Swayambhu Jyotirlinga Bhagwan Vishweshwar. The application was filed in a suit filed by the Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others in the year 1991 claiming the restoration of the land on which the Gyanvapi Mosque stands to Hindus.
The Plaintiffs, in the suit, sought a declaration that the land on which the Mosque is built belongs to the Hindus. As is well known, the land title dispute relates to the Gyanpavi Mosque, allegedly built on the ruins of the Kashi Vishwanath temple. The suit has been challenged before the HC and the said challenge has been clubbed with a bunch of matters concerning the dispute.
Last year, the bench of Justice Prakash Padia had reserved its order in the cases, however, the Court, in May this year sought certain clarifications and hence, the matters were listed at regular intervals.