Thread by @LawBeatInd

#SupremeCourt will shortly hear plea by #Gyanvapi Mosque Committee challenging the survey of the disputed site. The debates on the issue centred around whether the structure unearthed was a Shivlinga

Bench assembles.

Bench: the proceedings are going on before the trial court right? We were just wondering this SLP arose from the order appointing the commissioner. Now everything would depend on what view the district court. The commissioner’s report is on record.

Bench: We can keep open all remedies.

Ahmedi objects.

Bench: Can you not argue in the suit ?

Ahmedi: Its like fruit from poison tree. If they find that the order appointing commissioner is without jurisdiction, everything goes milords.

Court wants to go through the position of law in this regard.

#GyanvapiCase

Ahmedi : If I can make out a case that this is not a case for appointment of commissioner, the report has to be struck off. In my case, there was no need for a commissioner to be appointed considering the sensitivity. It has led to an area being sealed and a change in status quo

Bench: Today the o7r11 proceedings is still going on?

Ahmedi: Suppose they rely on the findings of the commissioner for the purpose, what remedy do we for?

Bench: For O7 Rule 11 you need to look at the plaint only.

Ahmedi: The order with regard to the commissioner has to struck down. After this order, similar applications have been raised also around the country pertaining to places of worship.

#GyanvapiCase

Bench: What if we clarify, that all your objections are kept open should the situation arise.

Ahmedi: The court has to come to the conclusion whether the order of the High Court is correct.

Bench: We can observe that trial court will not place reliance on commissioner report

Bench: Your grievance is that the commissioner is appointed ex-parte and you were not given notice. We can pass a protective order allowing you to raise all objection as if you were issued notice in the order appointing commissioner.

Ahmedi: Then the order of High Court upholding the order of appointment of commissioner should be set aside. I am not concerned only about this case, I am concerned about other cases. These reports are used to alter the status quo.

Order: Court has been apprised of the fact that the application under O7 Rule 11 is being argued before trial court. In the above situation, the outcome will depend of proceedings before District judge. List in October 1st week.

Plea seeking carbon dating of the Shivlingam and GPS survey is now presented before the court.

Court says “You have to pursue your remedies before the trial court.”

Bench rises.

#SupremeCourt has listed the plea filed by #Gyanvapi Mosque Committee in October. The court has observed that it will await the decision of Varanasi District Court in application filed by the Committee challenging the maintainability of the suit

#SupremeCourt has refused to entertain pleas seeking offer of water to the Shivalingam and for carbon dating of Shivalingam. As a result, both pleas were withdrawn.

Supreme Court Adjourns Plea By Gyanvapi Mosque Committee; To Await Varanasi Court's Decision On Maintainability Of Hindu Side's Suit
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