J Chandrachud : We can say that the trial court will decide regardless of what the HC said, uninfluenced by what is observed by HC. That will protect you?
Ahmadi : Then the order of HC has to be set aside. The order on the face of it is wrong. HC has upheld the commission.
J Chandrachud : We can say that the trial court will decide regardless of what the HC said, uninfluenced by what is observed by HC. That will protect you?
Ahmadi : Then the order of HC has to be set aside. The order on the face of it is wrong. HC has upheld the commission.
Ahmadi : Before the commission was appointed, I raised the objections. Those objections were considered and rejected by trial court. That is when I went to HC.
J Chandrachud : One of your greivances is that the commission was appointed ex-parte, that you were not given notice. Now we can pass a protective order, allowing you to raise all objections which you could have raised had notice been issued to you.
Justice Surya Kant : We can observe that the trial court will not rely on the commission reprot without deciding your objections.
J Chandrachud : What if we clarify that all the objections raised by you to the commisison report are open? You can raise it before the trial court.
Ahmadi : But that will assume that teh High Court's order is correct.
J Chandrachud : Mr.Ahmadi, we can leave these questions also open, which you have raised here.
Justice Narasimha : You have filed objections to the commission report?
Ahmadi : Yes.
J Narasimha : So all these questions are open.
Ahmadi : Ordinarily where a serious issue to be tried, an order 7 rule 11 is placed..there was no cause to order the commission report ex-parte. Post this order, there is a domino effect across the country where similar applications have been filed.
Ahmadi : It has effectively changed the character of a place of worship.