The Allahabad excessive court docket on Monday mounted September 12 as the subsequent date of listening to within the Kashi Vishwanath-(*12*) mosque dispute case. When the matter got here earlier than chief justice (CJ) Pritinker Diwaker for listening to, a point out was made on behalf of Anjuman Intezamia Masjid Committee (AIMC), Varanasi, that the matter was heard at size by one other single decide of the excessive court docket and judgment was reserved.
Counsel for AIMC senior advocate SFA Naqvi stated the counsel for each side had argued at size earlier than that single decide bench. “Due to this fact, proprietary calls for that judgment has to be delivered by that bench,” he stated. He additional stated within the Amar Singh case filed in 2006, a full bench of the excessive court docket had dominated {that a} matter partly heard by a bench has to be heard by that very bench itself.
Nevertheless, the chief justice stated as per the excessive court docket guidelines when judgment in a case shouldn’t be delivered even after completion of listening to, the case stands launched and the chief justice being ‘grasp of the roaster’ has the ability both to ship the case to one other bench or hear the case.
The CJ then stated that since March 15, 2021, the judgment on this case was reserved many instances however the identical was not delivered. At this, the counsel for AIMC made a request for adjournment of the case urging that he wanted a while to research the case afresh. So, September 12 was mounted as subsequent date of listening to.
Furthermore, through the course of listening to, chief justice made a remark on media reporting and stated when he was listening to one other case associated to ASI survey of the barricaded space of the (*12*) mosque earlier, some Hindi newspapers used to report arguments which had been neither argued earlier than the court docket nor had been positioned in any method.
Earlier, on July 25, 2023 one other single bench of Justice Prakash Padia had reserved verdict within the case and had mounted August 28 for supply of judgment. Nevertheless, the matter was listed for listening to earlier than the one bench headed by Allahabad excessive court docket chief justice Pritinker Diwaker on Monday.
The pleas earlier than the court docket embody a problem to the maintainability of a swimsuit filed earlier than a Varanasi court docket, looking for restoration of a temple on the web site the place the (*12*) mosque exists. The petition additionally challenges a Varanasi court docket route to the Archaeological Survey of India (ASI) to conduct a complete survey of the (*12*) mosque. The order was handed on April 8, 2021.
The U.P. Sunni Waqf Board and the administration committee of the (*12*) mosque had filed the petition. Justice Prakash Padia had earlier on March 15, 2021 after which on November 28, 2022 reserved his judgment after listening to each side at size.
On Could 24, 2023, the case was listed for additional listening to and justice Prakash Padia noticed, “Whereas dictating the judgment within the aforesaid instances, it transpires that sure extra clarifications are required from the counsel for the events. On this view of the matter, put up together with different related issues for additional listening to on Could 26, 2023 at 12 midday.” On the subsequent date, he had once more reserved the judgment within the case.
To recall, on April 8, 2021, the Varanasi court docket, whereas listening to a swimsuit looking for restoration of the temple on the (*12*) mosque web site, had directed the ASI to conduct a complete survey of the (*12*) mosque complicated. Subsequently, the Varanasi court docket’s order was challenged by the Anjuman Intezamia Masjid Committee (AIMC) that manages the (*12*) mosque and UP Sunni Central Waqf Board earlier than the excessive court docket.