After videograhpy of Gyanvapi mosque discovered a Shivling (idol of Lord Shiva) inside its premises, a local court in Varanasi has ordered the area where idol was found, to be sealed
SC: It is not a title suit it is a suit for worship
Ahmadi: there is also a prayer for declaration. they say the petitioners be allowed to pray all visible and invisible deity in the complex including maa shringar gauri, hanuman etc #KashiVishwanath#GyanvapiMosque#SupremeCourt
Ahmadi: then second prayer is seeking injunction. Very clearly the prayers speak about changing the religious character of the structure which is presently a mosque. You will also get that from frame of the plaint
Ahmadi: Then third application was appoint mr x as commissioner since the first two denied. We had said you cannot pick and chose which commissioner can go. Court can choose. In this case party gets a feeling that there is bias
Ahmadi: HC order says commissioner should go and that why is other party is aggrieved and that report will be factual. and that order 7 rule 11 cpc application can be considered anytime
Ahmadi: The HC observation that it will be innocuous. It is proven wrong by subsequent events. this matter was mentioned on May 13, 2022. The matter was filed on May 12. The order was passed by HC on April 23
Ahmadi: CJI granted indulgence. He orally observed so and the order uploaded said that it will be heard by bench led by you. What HC said innocuous is belied by subsequent events
Ahmadi: Despite this matter being seized off by this court, the commission went, Despite the fact no report was filed. application by plaintiff said there was a shivling somewhere near the pond, this was highly improper. #KashiVishwanath#GyanvapiMosque#SupremeCourt
Ahmadi: such proceedings had to be confidential. trial court allows the application and sealed off the area prohibiting entry . We brought this into record by an IA
Justice Narasimha: when was this application filed?
Ahmadi: all orders are passed non est. These are completely against the M Siddique judgment and the Ayodhya verdict. It says you cannot tinker the places of worship as exisiting on August 15 1949. this is suspect to great mischief #KashiVishwanath#GyanvapiMosque#SupremeCourt
SC: We will issue a direction to the trial judge to dispose off the application under Order 7 Rule 11 CPC.
Ahmadi: what i am also seeking is a stay of all these orders
Ahmadi: these orders are not good on ground of jurisdiction. These orders whereby the commission etc have been appointed must come to an standstill. the status quo as it existed on date of suit should be maintained. all orders illegal !
SC: The basis of your challenge today which is that grant of such reliefs is precluded by the 1991 act is also the basis of order 7 rule 11 application be decided. so the grievance is that. we direct trial court to dispose it off
Ahmadi: how do you seal the premises? this is result of a string of illegal orders. today if you seal the place then it is an ex parte order and altering the status quo. There was no notice to us. We were not heard also
Ahmadi: it is almost like sealing a property. Please see section 3 of places of worship act. it cannot be done, the basis is a historical wrong was committed and that is how the right to worship be restored. But sc has held otherwise in ayodhya case only ##GyanvapiMosque
Ahmadi: I would have preferred the maintainability to be decided here as well. I will show how all these orders passed are patently without even jurisdiction. please read section 3 of 1991 act. #KashiVishwanath#GyanvapiMosque#SupremeCourt
Ahmadi: Mr Hari Shankar Jain had signed an application on May 16 asking namaz be restricted to only 20 members, it was heard and allowed on the same day
Judges discuss the case discreetly. Mics off. (face covered with bare acts)
SC: Please see the letter. He sought to seal off area where shivling was found, Wazu khana be not used and only 20 people be allowed to pray. Then the order says application is allowed. He then says DM varanasi should seal the area and protect the area upon CRPF commandent, DM
SC: Moment trial judge says the application is allowed, it means wuzu khana is sealed etc.
SG: May be he means allowed in terms of..
SC: We would have done that... in High court or supreme court... but here..
SC: We will issue notice to plaintiffs. till next date of lisitng, we will issue a direction that DM will ensure that shivling area will be protected but it will not impede access of muslims to the mosque for prayers. it is an ex parte order
SG: Wuzu khana is where hands and legs are washed and there is a separate place for prayers. the magistrate thinks if there is something of great significance to decide the suit then there must be difficulty
Ahmadi: Where was the tearing hurry to seal the area?
Justice Narasimha: we are only in the interim
SG: can i respond to this tomorrow? let me look at ramifications so that there is no unintended consequence
Ahmadi: Till filing of a suit the status quo was maintained. by such an order status quo is altered. they say there is a fountain when water was drained out shivling was seen from the head of fountain. this wazu khana has been used since time immemorial.
Ahmadi: without wazu there cannot be any namaz. this order is based on three line application of plaintiff and without hearing us? is this not an order which looks unfair.
SC: We will hear parties on Thursday. We will protect part of this order where Shivling was found. But rest of the order in points 1,2 and 3 is STAYED #KashiVishwanath#GyanvapiMosque#SupremeCourt
SC: We will say that if shivling is found then the DM wil ensure security to the area.
Justice Narasimha: saying that the application is allowed will prove to be difficult
DYC J: We will say operation of the order is only restricted to the shivling being found... we wont say that it is allowed in terms of what follows #KashiVishwanath#GyanvapiMosque#SupremeCourt
SC: We will say operation of the order restricted to the following..
SG: i have learnt from news reports etc that there is a well from where water is taken in wuzu khana and it may lead to unintended consequences
Ahmadi: I am not casting aspersions. I am on procedural fairness. the application while commission is in progress and allowed only on say of the plaint. When you pass an order saying that if a shivling is found has consequences since commissioner does not say it
Ahmadi: where is the need to seal the property? You were protected. the property cannot be sealed but let it be protected. The police authorities are fit and competent to protect the area, DM has been directed to get into this.
SC order: We keep this now on next Thursday. We issue notice. returnable on May 19, 2022. The order of single judge Varanasi dated April 3, 5 and 8, 2022 were challenged before Allahabad HC in Article 227 plea.
SC Order: single judge by an order dated April 21, 2022 rejected the petition. in pursuance of order of trial judge, the commissioner commence executing work of commission on MAY 14 and 15 2022
SC: Mr Ahmadi appearing for the petitioners says during execution of commission work, an application was moved before trial judge on May 16 by counsel for the plaintiffs. On the above application the following order passed
SC: notice shall issue returnable on May 19, 2022. it has been argued by petitioners that since the trial judge has allowed the application 78 G A , the order is susceptible of interpretation that entirety of relief sought is allowed #KashiVishwanath#GyanvapiMosque#supremecourt
SC: In order to obviate any meaning and dispute on order of trial judge, the operation and ambit of the order dated May 16, 2022, shall stand restricted to the extent that the DM Varanasi shall ensure ....
SG: if the area where shivling is found is touched by feet then it wil lead to law and order situation
SC ORDER: The area where shivling is found will be duly protected. The above direction shall not in any manner restrain or impede access of Muslims to the mosque or use of it for performing prayers and religious observances
Ahmadi: wazu also
SG: This is the problem
Ahamdi: wazu was performed for 500 years there
SC: Is wazu not religious observance? we are protecting it
SG: Wazu can be done elsewhere
SG: Wazu can be done without disturbing it
SC: We have balanced it out
Ahmadi: my fundamental objection is to maintainability of the suit, please allow me to circulate the note.
Ahmadi: Till Thursday the trial court cannot proceed
SG: No no it cannot be done. this is for sensationalising
SC: you both have conducted proceedings with dignity lets leave it at that
Ahmadi: trial court should not hear this till Thursday
1. SC says Shivling area will be protected 2. Muslims right to prayer, religious observances not to be disturbed inside #Gyanvapimosque 3. Trial judge directions that only 20 people will pray namaz etc will not operate now
Supertech builders asks the Supreme Court to defer the date of NOIDA Twin Tower demolition by another three months. The blast is scheduled on May 22, 2022
Insolvency Resolution Professional says the suggestion of deferring the blast of twin towers will be safe after 3 months and that expert opinion suggestion has been sought
Justice DY Chandrachud: this is nothing but an attempt to delay
Amicus Adv Gaurav Aggarwal: if its about safety, then the extension may be granted. A status report can be called on last week of July. #twintower
All India Civil Aviation Employees Union informs #DelhiHighCourt that it is not going to press for reliefs in their plea challenging the notice inviting EoI for proposed strategic disinvestment of Pawan Hans Limited (PHL).
Bench of Acting Chief Justice and Justice Navin Kumar #DelhiHighCourt : We are putting you to caution. We have read something in the newspaper too. You have challenged the NIT of Dec 8, 2020. You are not a bidder, you are nobody here, the ones who had to bid, have bid.
Counsel for Employees: The NCLT Calcutta made scathing remarks against one of the entities part of the winning consortium.
Still the Government wants to proceed with disinvestment.
If they want to, then my petition be kept pending.
#DelhiHighCourt issues notice in plea challenging illegal religious structures in the middle of the road in Delhi.
“How will the civilised society survive if you have such structures in the middle of the road?” Bench of Acting Chief Justice and Justice Navin Chawla observed.
ACJ: you must send out a message to the society and the encroachers. You must cut down with an iron hand.
AG KK Venugopal: We have filed a counter in the contempt of court case. We have said that the officer had no role to play in appointment of members in Income tax appellate tribunal
AG: Search and selection committee had recommended names for ITAT members. The then secretary legal affairs who is the alleged contemnor had received the recommendations and there was no delay on his part. ACC approved 22 members.
SC: The SSC had recommended 28 members. This was done by Justice Khanwilkar committee. But you took 22 and 6 from main list. why did not you take from main list
The Delhi High Court will hear today a batch of petitions seeking recognition of same-sex marriages under the Hindu Marriage Act. #DelhiHighCourt#SameSexMarriage#LGBTQ
In an affidavit, Centre has opposed the live-streaming of the case's proceedings arguing that it is not a matter of national importance and efforts are being to gain sympathy.
Read the full story here: barandbench.com/news/same-sex-…
A bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla will hear the matter.
Delhi High Court will hear today the petition by AAP MLA Saurabh Bhardwaj seeking SIT inquiry into the alleged attack by the members of Bharatiya Janata Yuva Morcha at the residence of Delhi CM Arvind Kejriwal #DelhiHighCourt@ArvindKejriwal#Vandalism#DelhiCM
In the last hearing, the court had pulled up the Delhi Police for its failure to prevent the vandalism. The court has asked it to file a report on the security arrangement outside the CM's resident in a sealed cover. #DelhiHighCourt#ArvindKejriwal@ArvindKejriwal@AamAadmiParty