Allahabad HC Hearing On Gyanvapi Mosque Committee's Plea Against Allowing 'Puja' In 'Vyas Tehkhana-LIVE UPDATES

Naqvi: We will move the amendment application but Lordship may allow my stay application. The interesting thing is that the District Judge was retiring on the same day. This judgment is his last order. There was no urgency. Only based on the affidavit filed by the plaintiff, this order was passed. The suit should not be finally decided by way of an interim order. The status quo granted by order date 17th Jan was changed by the order of 31st Jan. 

Naqvi relies upon Top Court's Judgment in State Of U.P. And Ors vs Ram Sukhi Devi 2004 wherein the practice of granting interim orders which practically gives the principal relief sought in the petition, was deprecated.

Naqvi: On January 31, in the night only, the DM said that he had complied with the order and puja inside #VyasTehkhana had started. What was the urgency? There is no evidence on record. Our evidence has been rejected.

Justice RRA: You have filed the application under Order 7 Rule 11 (Rejection of Plaint) after the appointment of a receiver. Your case is not that the application should be heard first.

Naqvi: Lordship our concern is about the action done in 7 hours when 7 days were granted.

AG: We are maintaining law and order

Naqvi: what they are doing we know.

AG: it cannot be to their satisfaction.

Justice RRA: please come to the order of the District Judge allowing Puja inside Vyas Ji Ka Tehkhana.

Naqvi reading from his appeal.

Naqvi: Ultimately by passing the order, the District Judge has allowed the suit itself.

Justice RRA: You cannot say that granting of relief will lead to the decreeing of the suit because this is one of the reliefs sought by the plaintiff.

Justice Rra to AG: What is the situation there?

Naqvi: In one order (January 17), he has told the DM to maintain the status quo at #Vyasjikatehkhana, and in another order (January 31), the Court directed the DM to move there.

Whether the state resources can be used for this purpose?

Naqvi: they have started puja archana. * he places a news report before the bench *

Naqvi: As per the impugned order 7 days were granted to the DM to have Puja performed in #Tehkhana. But the DM moved there in 7 hours. Which has caused a lot of chaos in the city.

Justice RRA: You have brought it forward by way of a supplementary affidavit. This is not a writ petition.

Naqvi; But there is urgency in this case.

Justice RRA: what is the present position there?

Naqvi: The #Varanasi DM came at 11 pm (on 31st January) with a force of 2000 police personnel and they started making changes.

Justice RRA: Unless you challenge that order (January 17), we cannot hear this.