Thread by @LawBeatInd

🚨#SupremeCourt will today 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

On the last date, Supreme Court had said that the area where the Shivlinga was found is to be protected, while adding that religious observances will not be impeded #Gyanvapi
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Hearing begins.
Bench assembles.
Justice Chandrachud: Application under Order 7 Rule 11 is pending before trial court, we can say let them dispose it off, they have filed it and they are entitled to be heard on it. #GyanvapiSurvey #GyanvapiShivling

Justice Chandrachud: Secondly, we have passed an interim order which can continue till the Application (by muslim side) under order 7 Rule 11 is disposed off.
#GyanvapiSurvey #GyanvapiEvidence #Shivlinga

Justice Chandrachud: Thirdly, as there is a lot of complexity and sensitivity in this case, it should be heard by a senior Judicial officer by the trial court #Gyanvapi #GyanvapiSurvey #shivlinga

Senior Advocate Vaidyanathan says there is a religious character which has emerged from findings of the report. He says that in this light, it is pertinent to note that the Order 7 Rule 11 (by the muslim side) may not stand.
#Gyanvapi #GyanvapiSurvey

Justice Chandrachud: This is why important to let the trial court continue.

Lawyer for muslim side says this entire exercise needs to be "nipped right in the bud". He says that it is taking place in derogation of the Places of Worship Act. #Gyanvapi #GyanvapiSurvey #Shivlinga

Lawyer for muslim side says the entire exercise (taking place in #Gyanvapi) may cause "grave mischief" and report needs to be quashed.
Justice Chandrachud disagrees, he says that the Trial court may hear the Order 7 rule 11 application may be heard first by the trial court.

Lawyer for Muslim side insists that the "the appointment of the commission itself is being selectively leaked" in order to build a narrative, and that it is something that the Supreme Court must interdict here. #GyanvapiEvidence #Shivlinga #Gyanvapi

Lawyer for muslim side: The property was being used for 500 years, to order its sealing - the status quo is being violated.
He says that the appointment of the commission was itself an illegal exercise in light of the Places of Worship Act. #Gyanvapi #GyanvapiEvidence

Lawyer for muslim side repeats that the order is being used to cause "grave public mischief". He says that it is being used against various mosques. He says that if "this is allowed to fester, to say a tomorrow a particular mosque was a temple" will be normalised. #gyanvapi

Lawyer for muslim side: Dont look at it from a simplistic effect of one suit but the egregious effect the order has on the ground. #Gyanvapi #GyanvapiEvidence

Justice Chandrachud: It is a civil suit. If we were to allow your submission that the appointment of the commissioner was in breach of the provisions of the 1991 act....
Lawyer for muslim side: My submission is not this...
Justice Chandrachud: Then?
#Gyanvapi

Lawyer for muslim side: My submission is that the prayers made in the plaint do not stand
#gyvanvapi #GyanvapiEvidence

BREAKING: Supreme Court says it "Cannot comment on maintainability of a suit!"
Justice Chandrachud: "The Supreme Court cannot just stand up and decide on maintainability of a suit!" #Gyanvapi #GyanvapiEvidence

Justice Chandrachud: We have to maintain a balance...
Lawyer for muslim sides interjects: The damage has already been done
Chandrachud J: Our interim order (of upholding sealing area where Shivlinga found) upholds the sense of fraternity, peace & harmony on the ground!
#Gyanvapi

Justice Chandrachud says that there has to be an open dialogue & that he is open to any other tweaking that needs to be done which will allay the concerns on the ground, the bench is open to it.
#Gyanvapi #GyanvapiEvidence #shivlinga

Justice Chandrachud adds that the Order 7 Rule 11 (contesting maintainability of suit by muslim side) before trial court is already been filed and it cannot tie hands of the trial court. "These are complex social problems and we have to look at maintaining balance" #Gyanvapi

Lawyer for muslims side on inquiry reports.
Justice Chandrachud: We can say that "we can say that they must not be 'leaked'". Must go before court once declared
#Gyanvapi #GyanvapiEvidence

Lawyer for muslim side: "According to us, a fountain has been found. It is not a Shivlinga."

Senior Advocate Vaidyanathan interjects.
Lawyer for muslim side says this is an attempt to gag our arguments #Gyanvapi #GyanvapiEvidence

Ahmedi (lawyer for muslim side): They have already altered status quo at #Gynavapi
Justice Chandrachud: What do you mean, namaz is not being allowed?
Ahmedi: Tall and massive iron bars stand there around area #gynavapievidence

BREAKING: Justice Chandrachud says some protective orders and directions can be passed for offering "Wazu" in the "mosque".
Solicitor General of India says protections already in place.
#Gyanvapi #GyanvapiEvidence

Ahmedi (lawyer for muslim side) on Places of Worship Act 1991. He is saying that he wants to show the court, some provisions of the act. He says that whatever is happening must not be allowed to fester. #Gyanvapi #GyanvapiEvidence

Ahmedi is reading out the object of the the Places of Worship Act 1991.
#Gyanvapi

BREAKING: Justice Chandrachud says that "There are various nuances in the Ayodhya Verdict which fall from the Places of Worship Act which we will need to look into" #Gyanvapi #Gyanvapievidence

BREAKING: Justice Chandrachud says (during hearing) that the ascertainment of the RELIGIOUS CHARACTER of a place cannot be barred by the Places of Worship Act, 1991.
#Gyanvapi

BREAKING: Justice Chandrachud exemplifies -- "Hybrid character of religious places very common in India. Forget mosque and Shivlinga, the existence of a Cross in a place will not make a place a christian place of worship...#Gyanvapi #GyanvapiEvidence

Ahmedi (lawyer for muslim side) says that in that case, the Places of Worship Act 1991 will become a dead letter #Gyanvapi #GyanvapiEvidence
*Bench deliberates*

As bench intends to rise (Justice LN Rao's retirement) Solicitor General of India says that there is thus general consensus that this case may be put up as per convenience of the bench #Gyanvapi #GyanvapiEvidence

Ahmedi says that the area where they are saying a Shivlinga has been found has a pond, we say its a fountain. That area has taps, that area may be opened for access for Wazu.
SG: I object, will create law and order issue #Gyanvapi #Shivlinga

Bench says it does not have a picture and Ahmedi's prayer is difficult to be entertained.
SG says that there is an inquiry report, while Ahmedi says he has an objection to the report itself. #Gyanvapi

SG says that the report is by a Court appointed committee.
#Gyanvapi

Justice Chandrachud says he will pass an order and tells the counsel that bench be allowed to formulate some thoughts around it.
#Gyanvapi

BREAKING: Supreme Court transfers Civil Suit (of Gyanvapi dispute) from senior division Varanasi to court of District Judge for trial. All interlocutory and ancillary proceedings be decided by District Judge. #Gyanvapi

BREAKING: For adequate arrangement for due observance of "Wuzu" (at #Gyanvapi), as already been made to be effectuated by District Magistrate, in consultation with parties to ensure that appropriate arrangements are made for the observance.

BREAKING: Supreme Court says that interim order which protects area where Shivlinga has been found will continue till the objection to maintainbility of the suit by muslim side is decided and for 8 weeks after that #Gyanvapi

SG says that the bench must record that there is no apprehension on the Judicial officer who is already hearing this case.
Justice Chandrachud says that they have not recorded anything about the judge. #Gyanvapi

Hearing ends. #Gyanvapi

Supreme Court: Gyanvapi Dispute To Be Heard By Varanasi District Judge, Prayer Challenging Maintainability Of Suit By Hindu Side Not Entertained As Of Now #gyanvapi
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