J Chandrachud : The ascertainment of religious character of a place as a processural instrument may not fall foul of Section 3 or 4. These are matters where we will not hazard an opinion in our order. We are in a dialogue.
J Chandrachud : Suppose there is an aghyari. And there is a cross. Does the presence of cross not make the place an aghyari? Does the presence of cross make it a Christian place? Such hybrid nature are not unknown in India.
Ahmadi : Why did you appoint a Commission? To find out if there are deities etc. This is an extension of bar under Section 3.
Chandrachud : But the ascertainment of religious character is not barred.
Ahmadi : Your lorships have seen the objectives of the Act, it is not to allow controversies like this to fester.
He reads Section 3. Points out it is an absolute bar on religious character of a place of worship and there is no exception to this
Ahmadi reads out Section 4 of the Places of Worship Act.
J Chandrachud : There are various nuances of the Act, which will fall for consideration. What 4 does is..
Ahamdi : Before that there is Section 3
DYC : Read 3.
Ahmadi : The prayer in the suit is to change of religious character..
J Chandrachud : The earlier suit is a title suit. This is a worshippers suit.
Ahmadi : Which makes it worse. Without a declaration you cannot seek a right.
Ahmadi reads out the statements of objectives of the Places of Worship (Special Provisions) Act 1991.
Ahmadi: The commission has gone ahead and the order of sealing has been passed. Just want to show some provisos of the Act & the directions passed by the 5 judge bench which your lordships in Ayodhya case seeking to interdict mischief like this.
J Chandrachud : Mr.Solicitor, what according to you are arrangements of wazu at the mosque?
SG : That I have to take instructions.
Vaidyanathan : The issue is of desecration..
Ahmadi: My point is that you are changing the status quo. It was a pond...
J Chandrachud : If according to you as result of our order, the issue of wazu remains unattended we can pass some orders for protection of wazu.
Solicitor General : There are factual errors in his submissions.