A bench comprising Justices DY Chandrachud, Surya Kant and PS Narasimha to hear at 2 PM today the Masjid Committee's petition challenging the commission survey of the Mosque ordered by Varanasi...
A bench comprising Justices DY Chandrachud, Surya Kant and PS Narasimha to hear at 2 PM today the Masjid Committee's petition challenging the commission survey of the Mosque ordered by Varanasi court.
Jain : I will withdraw the petition with liberty...
Bench dismisses the petition as withdrawn with liberty to pursue such remedies as available under law.
Jain : The reason is carbon dating and GPS survey...
J Chandrachud : Mr.Jain, once you have filed a suit, you can't file a 32 petition here. You go by the discipline of the proceedings.
Bench takes up another PIL seeking carbon dating of the shiv ling stated to be found in Gyanvapi mosque.
Justice Chandrachud : Mr (Hari Shankar) Jain, you are a seasoned lawyer, you pursue the remedies in the suit. They are parties in the suit.
Justice Chandrachud : You withdraw this.
Tripathi : With liberty to move the trial court.
Ahamdi objects : No, he is not a part to the suit.
J Chandrachud : Whatever liberty law gives, you can have.
J Chandrachud : Mr.Tripathi, the suit is pending. There has to be some observance of CPC. You can't seek a modification of our order in 32 petition. Tripathiji, yeh withdraw kar lijiye.
Bench takes up the next petition filed by a party to worship the shiv ling stated to be found in the Gyanvapi mosque.
Bench lists the matter on the first week of October to await the outcome of the Order 7 Rule 11 application filed by the Masjid Committee questioning the maintainability of the suit.
Sr Adv Vaidyanathan : My friend is arguing as if it is a PIL.
J Chandrachud : What we will do is we will await the decision on Order 7 Rule 11. We will not dispose of the SLP.
Judges discuss among themselves.
Ahmadi : Those reports are used to create some kind of perception. Your lordships will have to go into the correctness of the order appointing commission. I am concerned about other cases as well. Such reports are used to alter the status quo.