Ahmadi : There is a narrative which is being created. Commission reports are being leaked selectively. This is disturbing communal harmony. Don't look at this from the point of one suit alone. Look at the ramifications across the country.
Ahmadi : But till the Order 7 Rule 11 application is taken up, what will be on ground. What will be left festering. This will cause grave public mischief, which the Act wanted to avoid. If this is allowed to fester, those directions will only remain a pipe dream.
Justice Kant : Mr. Ahmadi ,sorry for interruption. Whatever preliminary issues you want to raise, if tomorrow your Order 7 Rule 11 application is allowed, then whatever interim orders you are challenging, don't you think they will become a nullity ?
Ahmadi : A status quo which has been in existence for last 500 years has been altered. And this altered status quo to continue. They have achieved this through a particular design. Even if the suit has to go back, the status quo as existed on the date of suit must be restored.
Ahmadi : Our SLP is against the appointment of the Commission. It is to prevent this type of mischief that the 1991 Act was enacted. The Commission report has been selectively leaked to create a narrative. This is something your lordship must interdict.
Vaidyanathan : For the Order 7 Rule 11 application to be decided, the character has to be gone into.
J Chandrachud : You argue before the judge.
Vaidyanathan : Your lordships should not fetter the discretion of the judge as to what should be decided first. Should be left to the judge.
DYC J : Mr.Vaidyanathan, we don't want a situation where the Order 7 Rule 11 application is put in the backburner.
J Chandrachud : The moment we continue the interim order till the O 7 R 11 application is continued, it is our order which will continue. Our order was intended to bring a degree of balance.
J Chandrachud : Order 7 Rule 11 should have been taken first according to you and that has not been done. Now what we intend to do is to because to decide as to whether that order of commission was lacking in jurisdiction we'll have to go into merits.
Sr Adv Huzefa Ahmadi for the masjid committee : All this have the potential for grave mischief. This has to be nipped in the bud. All the orders right from the appointment of commission are illegal and are to be declared as void.