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.
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2022-07-21 08:37:34
21 July 2022 2:13 PM IST
Ahmadi : It has effectively changed the character of a place of worship.
21 July 2022 2:13 PM IST
Ahmadi : Kindly see what the commission report has led to? The High Court says it is innocous. But now the entire area has been sealed. A status quo existing for several years has been altered.
21 July 2022 2:12 PM IST
Ahmadi : Kindly see what the commission report has led to? The High Court says it is innocous. But now the entire area has been sealed. A status quo existing for several years has been altered.
21 July 2022 2:12 PM IST
Ahmadi : Rule 10 presupposes correctness of order Rule 9. If I can make out a case that the order appointing commission is illegal, then the report has to be struck off. In my case, there is no situation for ordering commission report.
21 July 2022 2:10 PM IST
Ahmadi refers to Order 26 Rule 9 & 10 CPC.
21 July 2022 2:10 PM IST
Ahmadi : It is like a fruit from a poisonous tree. The order for commission survey is ex-facie without jurisdiction.
J Chandrachud : But Mr.Ahmadi, these issues can be decided under Order 7 Rule 11.
Ahmadi : Court can't be presented with a fait accompli.
21 July 2022 2:08 PM IST
Justice Chandrachud : So why should we keep the petitions pending here. We can leave open all the issues to be decided by the trial court.
Huzefa Ahmadi for Masjid Committee : Our submission is the commission survey could not have been ordered per se.
21 July 2022 2:08 PM IST
Justice Chandrachud : Now everything will depend on what the Judge will decide on Order 7 Rule 11. If he upholds the objection, the suit goes. As regards the commission report, every party is entitled to file objections.
21 July 2022 2:08 PM IST
Bench assembles.
Justice Chandrachud : After our last order, the Order 7 Rule 11 application's hearing is going on, right?