Thread by @LawBeatInd

🚨Supreme Court will shortly hear appeal by Mosque Committee against permission granted for a survey to be conducted at the #Gyanvapi disputed site, after contentions were raised that Hindu Deities reside inside complex, where a mosque now stands #GyanvapiSurvey

Yesterday, reports suggested that a Shivling had been found inside the complex, as a result of which a Varanasi court sealed the area. #Gyanvapi

Bench consisting Justices DY Chandrachud & PS Narasimha has assembled #Gyanvapi #GyanvapiEvidence

Hindu Sena President mentions his petition, seeking intervention.
Says “I am appearing for Hindu Sena President Vishnu Gupta”.
Justice Chandrachud: Okay, you be in Court.
[Case listed at item 40] #Gyanvapi #GyanvapiMosquesurvey

Update: Case expected to be taken up post lunch.

DYC J: We will take a comfort break and come back in five minutes.

Matter to be taken up after the bench assembles in five minutes. #GyanvapiMosque #GyanvapiSurvey #GyanvapiEvidence

Huzefa Ahmedi, Sr. Adv for petitioner : The orders impugned are passed in a suit. The prayers in the suit

DYC J: This is not a title suit, its a suit for worship?

Ahmedi : Yes

Ahmedi reads the prayers.
#GyanvapiMosque #GyanvapiSurvey #GyanvapiEvidence

Ahmedi: Very clearly, the prayers categorically speak about changing the religious character of this structure which presently is a mosque. It is also evident from the plaint.

DYC J: That is your application under O7R11.

#GyanvapiMosque #GyanvapiSurvey

Ahmedi: We objected to appointment of one commissioner of the court that the plaintiffs suggested because apprehension is created if someone is named in the application. The petition impugning all these orders were dismissed by the High Court.

#GyanvapiMosque #GyanvapiSurvey

Ahmedi: The observation of the High Court that it will only be innocuous was proved wrong by the subsequent events. The matter before Supreme Court was filed on May 12, we mentioned it at the earliest. The CJI was kind of enough to list it today.

Ahmedi: On Saturday and Sunday the commission went to execute its task. They were aware that the matter is before Supreme Court. Despite the fact that no report was filed before the the trial court, an application filed saying #Shivlinga was found near the pond. Its improper

Ahmedi: The petitioner filed an application to protect site and unfortunately it was allowed. I say this with utmost responsibility.

Ahmedi reads the order of the lower court.
#GyanvapiMosque #GyanvapiSurvey

Ahmedi: Under the garb of the commission proceedings and based on what the plaintiff said they have restricted entry into the mosque.
DYC J: This was not the relief which was granted, they sought for sealing the area where what is claimed to be Shivling is found.

Ahmedi: This is in the teeth of the #SupremeCourt judgment in the Ayodhya matter. These orders are capable of grave public mischief. Even without deciding the O7R11

DYC J: We will issue a direction to the trial judge to dispose your application for O7R11

#GyanvapiMosque

Ahmedi: What I am also seeking is a stay of these orders. In my respectful submission all the orders where the commission was appointed must come to a stand still. All these orders are illegal

#GyanvapiMosque #GyanvapiSurvey

DYC J: The basis of your challenge today is that the grant of such relief is precluded by places of worship act, the same has been said in O7R11. What is the status of the survey?

Ahmedi: They are going about it. But How do they seal the premises? It will alter status quo

Ahmedi: Its almost like sealing a property. What is the entire basis of the suit? It is that there was a historical wrong that has been committed, there was a temple on this site. This has been dealt with by Ayodhya. Its a bit too dangerous to allow this to go on.

Ahmedi: In their application in page 15, they have sought that Namaz be restricted only to 20 people.

Counsel for Respondent: Mr. Hari Shankar Jain is unwell.

SG: I am for the State of UP, I don’t have the papers.

Ahmedi: Mr. Jain signed the application himself on 15th

DYC J to SG: We require some assistance from the State of UP on this.

DYC J reads the interim application and order before local court.

#GyanvapiMosque #GyanvapiSurvey

SG: I can take the instruction of what the factual position is and tell the court.

DYC J: We will issue notice and keep it at a short date. We will issue a direction that the place where the Shivling is found be protected but this will not impede Muslims from entry and prayer.

SG: Wazukhana is a place where people wash their hands and legs before the prayer. The concern of the magistrate is if it is of something of great importance. The report of the commissioner to be filed on 17th that is today.

SG: Suppose somebody goes there and there is some damage or destruction.

DYC J: That we can take care of.

Ahmedi: Where was the tearing hurry to seal the property?

SG: I don’t know the ramifications of the order the court will pass. Can I respond tomorrow on this?

Ahmedi: Till the date of the moving of the suit, the status quo was what it is earlier. This is a fountain, they say the fountain was drained out and they say from the head of the fountain they saw and Shivling. Wazukhana has been used since time immemorial.

#GyanvapiMosque

Ahmedi: This order is passed on a three paragraph application by the plaintiff. Does this not show something? Please see the manner in which this order is passed. #GyanvapiMosque

DYC J: We will keep it on Thursday. In the meantime we will say, we will protect a part of this order in so far as the protection of the #shivling . We will say that , that area is protected without stopping the Muslims from worshipping.

#GyanvapiMosque #GyanvapiSurvey

DYC J: This is only an interim till the counsel for the plaintiffs come before the court.

SG: From the news reports, it seems that there is a well from where the water is taken, it can result in some unintended consequences. Please wait for some factual clarity

Ahmedi: I am on procedural fairneess. When the court passes an order saying that if a Shivling is found, it has consequences since the commissioner did not say so.

ORDER: Issue notice. Returnable on May 19, 2022. The order of CJJD Varanasi dated August 18, 2021, April 5, 2021 and April 8, 2022 were questioned before the Single Judge of HC of Judicature Allahabad in a Article 227 petition.

Order: The single judge by an order dated April 21, 2022 rejected the petition. In pursuance of the order of the trial judge, the commissioner, commenced executed his work on 14th, 15th May 2022.

Order: Mr.Huzefa Ahmedi counsel for petitioner submits that during the course of the commission an application was moved by Plaintiffs stating as follows. On the above application, the following order has been passed.

Order: Notice shall issue returnable on Thursday May 19, 2022. It has been submitted by the petitioners that since the trial judge has allowed the application 78GA the order can be interpreted that the all the reliefs have been allowed.

Order: The ambit of the order date May 16, 2022 shall stand restricted to the extend that the DM Varanasi shall ensure that the area where the Shivling is reported to have been found shall be duly protected.

Order: Forth the above direction shall not in any manner shall restrict or impede the right of the Muslims to use the Mosque for religious purposes.

Ahmedi: The use of Wazu as well milords.

DYC J: We have not gone into that at all. We are holding this balance till the next date of hearing.

#GyanvapiMosque

Ahmedi: We are objecting to the maintainability of the suit itself.

Ahmedi: Till Thursday, the trial court should not proceed further.

SG objects to this.

DYC J: We have restricted the ambit of the order. Any judicial officer who looks at this order will know.

Ahmedi: The court has observed that it is reported to be a Shivling, there is no report, it is only an allegation.

DYC J: We will say indicated to be the Shivling

BREAKING: #SupremeCourt restricts the order passed by the Varanasi court to say that the area where the #Shivlinga is indicated to be found is to be protected. However, this will not impede Muslims from using the the #GyanvapiMosque for religious purposes.

Gyanvapi Survey| Supreme Court upholds Varanasi Court's order to protect the shivling, removes restriction on usage of mosque premises
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