Thread by @barandbench

[Kashi Vishwanath - #GyanvapiMosque Dispute in #SupremeCourt]

The Supreme Court will today hear a petition challenging the Allahabad HC order paving the way for advocate Commissioner surveying the mosque premises

Plea seeks a status quo and conditions on the survey report

Read the substance of the appeal filed here: #SupremeCourt #KashiVishwanath #GyanvapiMosque

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This is the Allahabad HC order which is under challenge in the main appeal before the Supreme Court

#GyanvapiMosque #SupremeCourt #KashiVishwanath

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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

#SupremeCourt #GyanVapi #KashiVishwanath

barandbench.com/news/gyanvapi-…

In this one, Read all about the judge who ordered the sealing.

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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Meanwhile, Hindu Sena President has moved Supreme Court for dismissal of appeal by Muslim party; says site exempt from Places of Worship Act

#SupremeCourt #GyanvapiSurvey
#GyanvapiMosque
#KashiVishwanath

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The hearing is in court 4 of #SupremeCourt headed by Justice DY Chandrachud

Track this thread for all live updates from the hearing 👇👇👇

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Gyanvapi - Kashi Vishwanath dispute: Appeal in Supreme Court against survey inside mosque [LIVE UPDATES]

#Gyanvapi #GyanvapiMasjid #KashiVishwanathTemple #SupremeCourt

barandbench.com/news/gyanvapi-…

The hearings have begun as per item numbers. The Gyanvapi case is at item 40.

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Item number 3 is going on now. The Gyanvapi case is at item 40.

#KashiVishwanath #GyanvapiMosque #SupremeCourt

The bench rises for lunch. The court is still hearing item 3 and is expected to hear item 3 for a bit post 2 pm as well.

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Bench re-assembles
Item 3 continues
Gyanvapi case is at item 40

#KashiVishwanath #GyanvapiMosque #SupremeCourt

item 4 is going on now
Gyanvapi case is at item 40

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Item 13 is going on now
Gyanvapi case is at item 40

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Hearing begins

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Supreme Court informed that Senior Adv Huzefa Ahmadi is in another court. Court will wait for 5 minutes now

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Justice DY Chandrachud: Okay we are taking up some other matters till Mr Ahmadi comes here

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Justice DY Chandrachud: Is Mr Ahmadi here??

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Sr Adv Ahmadi appears

Justice Chandrachud indicates taking a short coffee break and resuming thereafter.

DYC J: We will take a 5 minutes comfort break and be here. we dont want to be mentally stressed

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Ahmadi: orders impugned are passed in a suit. the prayers in the suit which I would like to point out is reproduced in page 1

Justice Narasimha: wish we had the plaint

Ahmadi: please hand it over

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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

#KashiVishwanath #GyanvapiMosque #SupremeCourt

SC: That is exactly your application under order 7 rule 11 cpc

Ahmadi: yes that is pending, pending it three orders passed. one was asking a commissioner to go, the second application was for police protection.

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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

#KashiVishwanath #GyanvapiMosque #SupremeCourt

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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

SC: When did commission go

Ahmadi:may 14 and 15

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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?

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Ahmadi : it was by the plaintiff when the commission work was being executed
#KashiVishwanath #GyanvapiMosque #SupremeCourt

The bench peruses the Varanasi court order which sealed off the area where an alleged shivling was found
#KashiVishwanath #GyanvapiMosque #SupremeCourt

Ahmadi reads the Varanasi court order which had prohibited the Muslims from performing ablution in the mosque complex #KashiVishwanath #GyanvapiMosque #SupremeCourt

SC: Okay we saw the order

Ahmadi: under the garb of commission proceeding, the status quo is sought to be altered and the area is being earmarked and the area is being sealed.

#KashiVishwanath #GyanvapiMosque #SupremeCourt

SC: The relief sought was much broader and the trial judge has only sealed off that area

Ahmadi : the application has been allowed

SC: You have to see what follows

Ahmadi: if that is interpretation then it is fine #KashiVishwanath #GyanvapiMosque #SupremeCourt

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

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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 !

#GyanvapiMosque #SupremeCourt

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

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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

Solicitor General Tushar Mehta appears for State of Uttar Pradesh
#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)

#KashiVishwanath #GyanvapiMosque #SupremeCourt

SG: Mr Vishnu jain informs that Mr Hari Shankar Jain has developed cardiac issues and thus rushed to hospital

SC: We issue notice.

#KashiVishwanath #GyanvapiMosque #SupremeCourt

Lawyer for Hindu Sena: We seek to intervene

Ahmadi: I will give the copies to everyone.

SC: We require assistance from state of UP. We saw the papers 5 mins ago. See the application by Mr Hari Jain

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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..

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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

#KashiVishwanath #GyanvapiMosque

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

#KashiVishwanath #GyanvapiMosque #SupremeCourt

SC: where is the shivling? Even the magistrate has not seen it. We can clarify that the order is only in terms of what follows thereafter

SG: What if someone destroys the shivling?

SC: We will ask DM to ensure security

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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.

SG: Let us not cast aspersions on state!

Ahmadi: this is not the manner in which we argue and I dont like being interjected #supremecourt #KashiVishwanath #GyanvapiMosque

Judges are discussing

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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.

#KashiVishwanath #GyanvapiMosque #SupremeCourt

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

#KashiVishwanath #GyanvapiMosque #supremecourt

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 ....

#KashiVishwanath #GyanvapiMosque #supremecourt

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

SG: Let us not cast aspersions on judiciary

#KashiVishwanath #GyanvapiMosque #supremecourt

Ahmadi: shivling here is only plaintiff allegation and there is no report

SC: We will mention this that shivling as indicated in magisterial order

#KashiVishwanath #GyanvapiMosque #supremecourt

CRUX OF THE ORDER: #KashiVishwanath #supremecourt

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

#SupremeCourt declines request to stay proceedings before the trial court till next hearing takes place in Supreme Court #KashiVishwanath #supremecourt #GyanvapiMosque

Adv: Please allow my intervention

SC: Who are you

Adv: a devotee

DYC J: We forget the ambit of civil matters. Lets confine it to the parties.

[Hearing ends. Bench rise. Today the court wraps proceedings 1 hr 20 mins post scheduled closing time]